FIVE ACCUSE CHEATES RS ONE CRORE OF 24 PEOPLE WHAT CAN I DO
GIRISH AGRAWAL
(Querist) 21 October 2009
This query is : Resolved
12 PERSON HAS FILED SEPRATE COMPLAIN APPLICATION BEETWEEN JULY 27 TO AUG 20 IN 2 POLICE STATION AGINST THE 5 ACCUSE
FACTS OF CASES-
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1. PERSONATION OF OF THE MCX COMMODITY EXCHANGE OF INDIA'S BROKER THE FIVE ACCUSED HAS COLLECT MORE THAN RUPEES ONE CRORE RUPEES OF 24 PEOPLE ON THAIR FIRM.
2. THEY ARE LAUNCHED A MONTHLY SCHEME THAT THAY ARE PROMISSE GIVE PER MONTH 500/- WHAN ANY PERSON DEPOSIT RS 5,000.
3. THEY ARE NOT AUTHORISED BROKER OF MCX.
4. HAY ARE COMMITTED AN OFFENC SUCH AS…
CHEATING (U/S 420 IPC),
CRIMINAL BREACH OF TRUST BY BROKER (U/S 409 IPC),
CRIMINAL CONSPIRACY (U/S 120B) &
SECTIONS 15,18,20,21 AND 21A OF THE FORWARD CONTRACTS (REGULATION) ACT, 1952.
ACTION OF THE POLICE
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THE POLICE HAS BEEN CHARGED U/S 420 IPC OF ONLY ONE ACCUSED & THEY ARE ALL 12 PERSONS APLLICATIONS MADE A SINGLE OFFENCE. BUT WE ARE INCLOSED DOCUMENTS & FACTS WITH OUR FIR APPLICATIONS IN POLICE STATION. POLICE WAS NOT INTERESTED TO FILED AGINST THAT ACCUSE.
OUR QUERY :-
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1. IS POSSIBLE TO 12 COMPLAIN IN SINGLE CASE?
2. ARE WE FILE COMPLAINS TO MEGISTRATE U/S 200 OF CRPC?
3. WHAT CAN WE DO THE BEST?
adv. rajeev ( rajoo )
(Expert) 21 October 2009
When police are not interested to initiate the criminal case against the 12 accused, u can file a complaint against all the 12 accusd in one complaint u/s 200 of cr.p.c.
After filing the case magistrate will refer the case to the concerned PSI to investigate and report it to the court.
IF investigating officer files B ( false) report then you will lead your evidence by filing objections to the B report, after your evidence if maginstrate finds offence is committed then he will issue the summons to all the accused.
Adinath@Avinash Patil
(Expert) 21 October 2009
1] JOINT COMPLAINT WITH DIFFERENT CAUSE OF ACTION AND DIFFERENT OFFENCE,FILED BY TWO OR MORE THAN TWO PERSNS NOT TENABLE.
ZAE POONAM V/S HIDDEN TREASURE LITERATURE INCORPORATED IN CANADA.
2002 AIR KANT HCA 33.
2]YOU CAN FILE PVT.COMPLAINT FOR YOUR FIR IFF POLICE NOT INTERESTED/DENIED.
3] IT IS BETTER TO TKAE DIFFENCE STRONGLY AND TRY TO DECIDE COMPLAINT ON MERIT,AND ACCUSSED BE ACQUITTED.
PJANARDHANA REDDY
(Expert) 21 October 2009
file a complaint separately on individual wait for a week time any movements of police O.K.
No action bettet go for concern jurisdiction criminal court file same way under sec 200.
Raj Kumar Makkad
(Expert) 21 October 2009
I go woth Rajeev. Because the matter is almost same though 12 persons have been cheated so one complaint is sufficient.
Sachin Bhatia
(Expert) 21 October 2009
The matter is almost same so, file a complaint u/s 200 of cr.p.c against all 12 accused in one complaint.
Sudharsan.m
(Expert) 21 October 2009
i stronly suggest for speedy disposal of these case file CRIMINAL ORIGINAL PETITION in the High Court and get the directions from the hon'ble court to police personnel to investigate the matter within 2 weeks or so from the Hon'ble High Court and it is the only remedy available than going to the other jurisdictional courts. you may still ask for CBI enquiry for the above said matter in filing Criminal Original Petition in the High Court.
Akhilesh Maurya
(Expert) 22 October 2009
If police file final report in your case then without hearing you all the magistrate has no power to accept the final report.If in case F.R. is submitted by the police then on your strong appose the magistrate may oder for reinvestigation or he may take cognizence and proceed in the case.If police files chargesheet against only one accused then in your examination in chief you can take the name of all other accused and then file application before Hon,ble Court to summon the other accused and then the Court will summon the other accused to face trial.
