Charged u/s 420/406/34 three years back, nothing happening.

Biraj (Querist) 24 February 2011 This query is : Resolved
I have a friend who was charged under sections 420/406/34 three years ago after FIR;s were registered in three police stations against her finance company. The company had been operating for two years and had been honoring all its instruments and was making payments till the time of the FIR. The company is registered and the FIR was based on a rumor but the police seized the offices and factories of the company and froze all bank accounts as well as her personal account and took out arrest warrants for the MD, who was outside the country on a business deal. After knowing the case she came back and surrendered to the police after 2 months and was remanded to custody for 5 (FIVE) months. Till the time of her bail no charge sheet had been filed by any of the three police station.

After almost 3 years nothing has happened and have learned that one of the police stations has yet to file charge sheet. The comapny has been closed all this while and evrything in the factories is rotting.

Please advice what can be done now as it has become clear that the rumors had been spread by an influential politician and none of the depositors have any complaints and are willing to go on record. In one instance the 4 signatories to the FIR in one station have a total deposit of 13,000/- only when the company has satisfied clients who have invested in crores. What are our options now? Should she approch HC to squash the FIR? Is it true that there is a ruling by Punjab HC that 420 ans 406 cannot be used together?

Follow Query

Report Abuse

Guest (Expert) 24 February 2011
AS THREE COMPLAINTS ARE FILED AT THREE POLICE STATIONS , THE SAID PERSON SHOULD FILE WRIT PETITION FOR QUASHING THE SAID FALSE COMPLAINTS AGAINST HER.SHE WILL SUCCEED.
SHE MAY APPLY FOR BAILL TO THE COURT IN ALL THE THREE DIFFERENT COMPLAINTS.AS CHARGE SHEET IS FILED IN SOME CASES AND NOT FILED IN ONE CASE,SHE CAN GET THE BAIL ON SAID POINT.GOOD LUCK.

Biraj (Querist) 24 February 2011
Mr. Sawant, Thank you for your quick response. She is already out on bail for the last two years for all three complaints. But should we approach the HC?

Devajyoti Barman (Expert) 24 February 2011
Quashing is sparingly used by the High Courts and that too when prima facie no case is made out from the Fir. Unless the FIR is perused it is improper to advice on the point of approaching the High Court.

adv. rajeev ( rajoo ) (Expert) 24 February 2011
In my opinion it is better to file a discharge application in the same court after filing the charge sheet in all the cases, if there is no case is made out there is a chance of discharge, if discharge application is rejected then approach the high court.Because some times high court says that first file a discharge application in the lower court.

Ajay Bansal (Expert) 25 February 2011
File petion u/s 482 Cr.P.C. for quashing of F.I.R/F.I.R.S.

Sarvesh Kumar Sharma Advocate (Expert) 25 February 2011
go to the court and tress the case.
to avoid nbw or any against procidings.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries