Fir launched against us without any questioning
R R Ambavat
(Querist) 29 May 2013
This query is : Resolved
Hello friends,
I am glad such a portal is available wherein people who have less knowledge about Indian laws can ask experts in the field here.
Here is the case that is filed against us
Our company, based in Mumbai & trading in yarn (textiles) in the region of Punjab. One of my dealers in Amritsar has filed a complaint against us. On the basis of that complaint, an FIR has been launched by the police without even informing or questioning us.
As per the laws of Punjab, an entry tax was being levied by the State. But on the basis of competition, the traders in the state were successful in appealing against this wherein the court gave temporary relief to them. Now, the manufacturers are not being charged the entry tax, which is now debited to their bond account, until the actual judgement comes. So, the goods are entered in the state on the bonds of these manufacturers without paying any entry tax.
We sold goods to our buyers on the basis of c-form & entering the state by debiting his bond. But now, the buyer is accusing us of unlawfully using his bond without his consent. He has filed a report with the local police station against us saying we have illegally used his bond & the police have already filed an FIR against us under section 154. on 19th April 2013
Now my question is:
1) Can the FIR be launched against us on the basis of a single complaint without even my knowledge
2) If they can, the police have not yet approached us in any legal manner. No summons served by them, nor the copy of the FIR has been mailed to me directly by the officials. Only a mail by a gmail id asking us to come to Amritsar for questioning.
3) Now as per our sources there, the police are planning to come to Mumbai either to question us or arrest us.
Under these circumstances, is the Police right in doing their jobs legally?
Can we quash this FIR. If yes, under what jurisdiction?
I will really appreciate any response that i receive. Please help in this case.
Devajyoti Barman
(Expert) 29 May 2013
1. Yes
2.The summons for questioning is optional. The Police after registration of FIR can straightway raid your place of habitat and put you under arrest.
3. Then do not waste time anymore and apply for anticipatory bail. Fast.
First take bail and then go for quashing.
R R Ambavat
(Querist) 29 May 2013
Thank u for ur expert reply. So now, incase i apply for anticipatory, as per the ruling of Hon Supreme court of India in case of STate Of haryana & others vs Choudhary Bhajan Lal & others,can our case be quashed wherein:
Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima-facie constitute any offence or make out a case against the accused.
Devajyoti Barman
(Expert) 29 May 2013
The quashing case is to be filed within the state where FIR is registered but before that apply for AB.
Rajendra K Goyal
(Expert) 29 May 2013
Agreed with the expert, First get AB then you may proceed for quashing of the FIR.
Raj Kumar Makkad
(Expert) 30 May 2013
No more to add in the detailed replies of the experts.
