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Kiran Sham Idnani (my own)     13 January 2011

can an fir be quashed without informing the police in high c

sir, i am a single woman and alone in india. can i go in for quashing of an FIR if our visas have expired,we are not citizens of india, my 2 daughters are here and the other 2 in spain and i have not seen them for over a year,and no charge sheet has been filed from 1 year and crime is not commited on indian soil,if there is at all any crime..and police is only harrassing and extracting money from me. i have been given a B final report stating i am innocent, 8 months ago by police but they refuse to send it to court, the report but neither are they charging charge sheet. what can i do



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 5 Replies

N.K.Assumi (Advocate)     13 January 2011

Approach the concerned Court having Jurisdiction of your case along with the final report of the police and approach your conulate office for extension or whatever it is for your Visa.

Kiran Sham Idnani (my own)     15 January 2011

Estimated Sir,

Thanks for the prompt reply but here the entire probllem is that the court under whose jurisdication the matter falls under is in Europe. So it does not come within the JURISDICATION of our country.

A.VIVEK ADVOCATE (ADVOCATE)     12 February 2011

sice the offence /occurance taken place out side of indian court jurisdiction that can not be chalaged here , you have to approach EUROPE court.

Kiran Sham Idnani (my own)     12 February 2011

okay,i agree with this TOTALLY, but then will someone try to explain how two foriegners come to india and file an fir easily on another foriergner over a crime supposedly committed on spanish soil and on spanish stamp paper? 

aatma   14 February 2011

 

Originally posted by :Kiran Sham Idnani
"
okay,i agree with this TOTALLY, but then will someone try to explain how two foriegners come to india and file an fir easily on another foriergner over a crime supposedly committed on spanish soil and on spanish stamp paper? 
"

Don't be surprised of the happenings in india...

Filing false cases/ overlooking the jurisdiction is a normal day to day business in India. Even many indian innocent citizens don't know how to protect themselves from this organized extortion business. Probably you can seek help from your embassy.

 Delhi High Court has exposed the underground extortion business organized against Non-Indian citizens (Amit Sharma Vs. State & Ors., Crl. M.C. 722 of 2009, Dt: August 06, 2010):

 It is surprising that such FIRs are registered by the police when neither complainant lives in Delhi nor the accused persons live in Delhi nor any part of alleged offence had taken place in Delhi. All the accused persons, as mentioned by the complainant, are living in USA. The complainant herself is living in USA………while the FIRs are registered when nothing happened in India and no investigation can be done by the police in India. Why such FIRs are registered is obvious. It seems registration of FIRs has been made a profitable business by some police officials.  The police, in the present case, not only registered the FIR but also got lookout circulars for the petitioners issued.”

 US government travel warning:

Since the police may arrest anyone who is accused of committing a crime (even if the allegation is frivolous in nature), the Indian criminal justice system is often used to escalate personal disagreements into criminal charges. This practice has been increasingly exploited by dissatisfied business partners, contractors, estranged spouses, or other persons with whom the U.S. citizen has a disagreement, occasionally resulting in the jailing of U.S. citizens pending resolution of their disputes

 


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