Mecr fir / anticipatory bail / quashing fir
Amit
(Querist) 19 March 2013
This query is : Resolved
This Matter is actually a Civil Matter where the Plantiff has filed a Suit in the HC under Original side matter under Special Releif Act.
He has an un-notorised Agreement on a 100 Rs stamp paper dated 3 days 15 days before my Registered Agreement and 3 days before my notorised Agerrment for Sale. Also the payments he claims to have made are 80% in cash and the rest in Bearer cheques not from his individual account but from his Pvt Ltd company account of which he is the MD. The Pvt Ltd company has never filer any returns since incorporation nor has it had any AGF since incorporation as per the search report conducted by me in the ROC. He claims to have the Original share Certificate.
I have a registered Agreement i had also conducted a search report. The vendor had told me the Original share Certificate was misplaced and he had done the necessary paperwork to get a duplicate issued before i purchased the property. the society later on the Dy-registrars orders issued a duplicate share certificate. I am in posession of the property and it is transfered in my name.
Also the petitiones has not paid his ncome Tax Returns for the last 4-5 years.
This suit was filed after the vendor from which i had purchased the property expired. The Vendors son was made a defendant and is in collission with the Plaintiff.
He earlier also filed a Pauper petition so his claim cannot be continous and thus the suit should have been rejected immediately
When we asked for inspection of his original documents we found some differences between the documents in the suit and the originals inspected and incorporated the same in our Affidivit and also wrote to his lawyer.
The Plaintiff accused his lawyer of conspiring with us and lodged a criminal complaint for tampering with the documents and also complained to the bar council.
The police called my lawyer and he submitted his reply. i was never contacted.
the Plaintiff then got a injuction from the HC.
He then complained to the Court that the police were not co operating with him and gat a order under section 156 (3) to lodge the FIR. The FIR was lodged under MECR under Sections 420 463 465 467 468 471 and 334 of the IPC on 4th Nov 2012. The police hasent contacetd any one since then.
Now the society got a letter informing them of the FIR. Also the societies chairman secretory and lawyera and my wie are made parties to the same whereas they were not present for inspection.
I am really confused as per the status and my action needed.
I have been told that in a MECR no arrests are madeunless the court issues a warrent. is it true?
Should i apply for a Anticipatory bail ?
i am told the bail will get rejected as the FIR is more than 4 months old. Also i was told that in an Anticipatory bail i will have to be present in court to be identified at least in the 1st hearing. i was told that appearence is made mandatory in mumbai even for a anticipatory bail.
It surprises me as it is an all india law.
Should i go for Quashing the FIR?
Can the FIR be quashed before the chargesheet is filed?
File a counter complaint?
Please help me as this Petitioner is actually a criminal minded man who has been trying to blackmail me and pressurize me into giving him money. He had also made a criminal complaint against me before filing the suit for which he was told that the matter is a civil matter. This is a case in Mumbai.
Can a FIR be lodged if the matter in pending in the civil court?
Amit
Devajyoti Barman
(Expert) 19 March 2013
Since a FOR is registered and charged are non bailable , you should immediately apply for anticipatory bail.
To arrest a person the police does not need warrant from court for such offences.
After the submission of charge sheet , go for quashing of Charge Sheet.
Adv k . mahesh
(Expert) 19 March 2013
yes apply immidietly apply for AB and go with two sureties because the process will be completed on that day only
Raj Kumar Makkad
(Expert) 19 March 2013
After obtaining the AB, do meet the IO and higher police officials in writing and make representation to do judicious investigation and keep in view the entire episode so that the matter may be prepared for the duscharge of all accused persons in the mentioned FIR.
