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Shyam (Business)     19 April 2023

Can ask for compensation for the injustice done to me?

facts is that :-

I, my wife, family and other persons invested some money in online investment companies named 'Unipay2U Mktng.Pvt.Ltd.' & 'Visarev LLC 'in lieu of good monthly returns. Some one friend also came to know of it and showed his interest to invest. I only introduced the guidelines to him & he invested by his sole & discrete decision in the Company. He requested me to help him with the procedures & I helped him in only investing the money with the money he gave me in good faith to be invested which I had duly done so and he too had received the documents from the company to an investor directly. He also received points from the Company as per the Company norms through sms until when unfortunately the Company closed down & misappropriated all our money & Im also a victim of the same.



After that he had been constantly threatening me & demanding his money back from me. But the fact remains true that I had only been an introducer & i am myself a victim to it & I & my wife and all other investors have also been cheated & our money misappropriated by the Company.

After that I’m filed an application U/S:156(3)Cr.P.C. registered as M.P.Case U/S:420/406/120(B)/506 of IPC and the said application was also forwarded to the Inspector-in-Charge in local police station to be registered as a specific case and accordingly the I/C; P.S. registered the case against above cheated Companies & above friend.



Unfortunately my friend come to know and received/granted anticipatory bail.

After that he filed an FIR in local police station against me & placed five unknown persons as witnesses , he has no written proof such as receipt and a court case U/S 419/420/120B of IPC.As a consequence of which police arrested me & the magistrate passed the order to keep me on 14 days remand custody & demand for submit the charge sheet.



Can without any written proof but only on the basis of any unknown persons can police arrest & Magistrate give such punishment even though I had only introduced the business? is it justified?(Section 41-A CrPC (Judgment- Arnesh kumar v/s State of Bihar(2014)8 SCC 273) .
But I had been put to remand wrongly. I hadn't known about the provisions at that time, so is there any way i can ask for compensation for the injustice done to me?

can i take any legal step against the magistrate for passing the above order ?



Learning

 3 Replies

Sidhhi   19 April 2023

Police can even encounter you for money as happened in Suresh Dube encounter case. And very recently Sachin Vaze planted explosives near Ambani house and murdered Mansukh Hiren. Though involved in very serious crimes he was granted bail. So police is infested with such criminals who are menace to law abiding citizens.

Above is not to frightened you but to tell you what's police.

Did you gave any thing about investment proposal to your enemy friend as this very important piece of evidence?

Now that FIR is registered you have no option but to fight it out in court by engaging a reliable advocate and convince the court that it was your friend's own decision and neither you induced him to invest nor you got any commission from the investment done by him.

T. Kalaiselvan, Advocate (Advocate)     19 April 2023

If the prima facie accusation or information is not well founded and sufficient grounds do not exist for the Magistrate to exercise his power of remand, in such cases, remand of accused can be refused.  However this very rarely happens because it requires application of mind especially if the magistrate considers that this is a put up case hence arrest or remand is not necessary at this stage. 

The accused who has been brought before the court must be involved in an ongoing investigation that cannot be completed within 24 hours and his presence is required by the police for the investigation. S. 57 provides that where a person has been arrested without warrant, he cannot be detained in custody for a period exceeding 24 hours without a special order by the magistrate under S. 167. Therefore, from a conjoint reading of S.57 and S. 167, it can be concluded that for an application under S. 167, it is required that the accused who is been forwarded to the magistrate must be involved in an ongoing investigation that cannot be completed within 24 hours. If the above procedures have been followed by magistrate then there can be no legal infirmity  in the orders passed by the magistrate.

Hence you may not be entertained to file any case against the magistrate who has done his duty properly

Sudhir Kumar, Advocate (Advocate)     20 April 2023

repeated

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=228950&offset=1


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