anticipetory bail

Querist : Anonymous (Querist) 08 May 2011 This query is : Resolved
accussed granted ABA by high court before one year on condition to appear on monday every week and co operate in investigation. but till today they are not cooperating with police in investigation. the case is of forgery and fraud.

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Advocate. Arunagiri (Expert) 08 May 2011
If the accused is not cooperating with the police, you can move to cancel the AB. But, the police has to say that the accused is not cooperating.

Guest (Expert) 08 May 2011
You can't say accused is not cooprating in investigating unless police says so. Had that been there police, itself, would have taken up the case for cancellation of bail.

You can however question the extraordinary delay in investigation by police.

prashant pundhir (Expert) 08 May 2011
My dear friend,you are looking confuse .How can you say that they are not cooperating in investigation ?Is there any complaint from police or they are not appearing to police station ?
Secondly the police is bound to give the charge sheet or final report within 60 days of complaint and not at all hold the investigation for such a long time .
Please go to the court and look that what is happening as the accused can file the discharge application if the charge sheet is not filed .

Kiran Kumar (Expert) 08 May 2011
I agree with Parshant that if the police has not said about non co-operation of the accused then where is the locus standi of the complainant to say so?

if the condition has been made to appear before IO on every Monday then it does not mean that the accused is duty bound to appear before IO through out his life.

there must have been some progress into the matter, find out the current status of the FIR.

Guest (Expert) 08 May 2011
i agree with prashant

s.subramanian (Expert) 09 May 2011
If you are able to prove concretely that the accused are hindering and delaying the investigation,you can move for the cancellation of Ab.

abhay dholakiya (Expert) 09 May 2011
i think you should approch the high court in this matter rather than wathching that accused cooperate or non coperate police you can ask the court about progress of that case

Querist : Anonymous (Querist) 10 May 2011
Thank you sir for showing me the correct way. But the original forged document is with the accussed till today and they are not giving it to police for chemical analysis and under RTI police given me in writing that they are not cooperating with police. How can I get the result fast. With this forgery they also eveted stamp duty of about Rs.32 lacs & income tax of about 1 cr. Should I inform Income Tax also?

Guest (Expert) 12 May 2011
yes you can move an application to the income tax and the revenue authorities for the tax and the stamp duty

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