Cheating

Vinay (Querist) 26 December 2012 This query is : Resolved
I had filed case of cheating (Rs 3 lakhs)of ex-employee with Police in Goa in September last year. FIR was made however, Police has not arrested the exemployee nor filed any chargsheet till now. Reminder is not replied. What is the remedy for me under law?

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Guest (Expert) 26 December 2012
Did the accused obtain AB? The 'necessity to arrest' has to be distinguished from the 'power to arrest'. The facts and circumstances of the case may not have necessitated an arrest or the accused may have obtained AB.

If the charge sheet is not filed you may move the HC to direct the police to file the final report in trial court. The HC would issue the necessary directives.

Ashish Davessar

Advocate
Supreme Court of India
Punjab and Haryana High Court

Sudhir Kumar, Advocate (Expert) 27 December 2012
get the information first in RTI and then consider if application to magistrate is needed.

Guest (Expert) 27 December 2012
Police action depends upon the nature of contents of your own report showing the gravity of the problem.

R.K Nanda (Expert) 27 December 2012
file private criminal complaint in magistrate

court.

ajay sethi (Expert) 27 December 2012
agree with Mr ashish Devasar

Devajyoti Barman (Expert) 27 December 2012
File petition in the court of the Magistrate and ask for status report from the Police. If the Magistrate allows your prayer which is mostly allowed then the Police would file the present status of the case. At the same time you cal also put pressure upon the court to pass fresh direction upon the Police to arrest the culprits.

Vinay (Querist) 27 December 2012
Thanks! Do I need to engage a lawyer to approach the Magistrate? Can I individually just submit a letter?

Guest (Expert) 27 December 2012
Engage a lawyer. You know nothing about the ins and outs of law.

Sudhir Kumar, Advocate (Expert) 27 December 2012
have you got a shirt stitched by yourself without going to tailor just by seeing designs on website

ajay sethi (Expert) 27 December 2012
you must always engage a lawyer as you dont have knowledge of intricacies of law

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