please help
pranay
(Querist) 24 September 2009
This query is : Resolved
Our family is in serious problem . Please help us with an honest suggestion regarding a fake IPC 420 case on my father . Before i convey my problem let me start from beginning . My father is a superintending engineer in Coal India(psu) presently posted in jhanjhra area (west bengal). He was trasferred from korba (chhatisgarh) to this present location in january 2008 . As my father was holding key position in previous posting and being a civil engineer had to deal with different contractors working for coal india. But when he was transferred one contractor who had not a good relation with my father took advantage of the situation and started asking for some money(40k) telling my father has taken from him . While my father is a honest man and never taken any money from him , hence refused all together . Therefore when my father was transferred, after 20 days that contractor lodged a false case of IPC 420 on 22nd jan 2008 that too not as a bribe but ''my father has taken 83 thousand rupee (double the amount that he bargained ) on the name of giving him employment'' . As a witness he pressurised two other contractors . The problem is that the person has a good relation with Town Inspector and the local MLA and therefore the investigation we suppose is a myth . Here i would like to tell that they have no proof as check , draft , my father's signature , etc and all the witness are verbal . My second point is that employment in coal india is not a subject of any civil engineer and they are nowhere in the scene . Even when investigation was done by local police in my father's project, the same enquired from different departments and said that no job application or land aquisition request is there in any department ( we have the copy of that). Henceforth my father applied in local court for anticipatory bail but was rejected stating 'the investigation is still under process '. So my father as per advocate's instruction waited for the primary investgation to be completed and got busy in his work , (he also felt that since this case is just to blackmail hence the police my itself dismiss FIR). This year one day a person phoned telling that the police may come any moment to arrest him so better take an anticipatory bail . Perturbed my father hired a lawyer in bengal and sent him to chhatisgarh court to seek AB . But perhaps papa failed to recognize the wisdom of lawyer, he again went to the same court and moved a petition but instead of writing "second" wrote down " first " , hence lower court told rejected it stating the fact and said to ask for oppology to honourable court . He did the same and got 16th sept 2009 date for hearing but due to unavailibility of case diary gave 23rd sept 2009 as next date . Meanwhile on 19th evening few inspectors came to arrest him and took him to korba by road . As per rule they should take him to court but instead they freed him in korba . This shows they didn't come to arrest him on permission of court and what we came to know afterwards that "to arrest someone from other jurisdiction they must have permission of the court where they are going to arrest a person . So the reason to take my father there was to intimidate him and succum to the demand of complainant (the IO asked a big amount to dismiss the complaint). But again my father refused and left that place . Yes i forgot to mention that after bringing him to korba the policemen said that sought out the problem we have never shown anywhere that we arrested you (but back in west bengal few of my father's well wisher kept the copy of arrest ). By the way on 23rd when again hearing started the judge called my lawyer and said there is no need for hearing as once your bail plea is already rejected in this court so we are legally bound not to give u bail and it won't be appropriate to reject yet again and move this plea to high court you will get bail there . Actually now after this much problem we came to know that never move for AB or bail where it isriven
Raj Kumar Makkad
(Expert) 24 September 2009
Really you are facing a big problem. Better your father surrender before concerned court moving an application seeking regular bail. offence is bailable so court shall provide immediately bail. Thereafter your father should move before Hon'ble High court of Chhatisgarh seeking rejection of FIR under section 482 Cr. P. C. because as per your version nothing evidence is against you.riven
pranay
(Querist) 24 September 2009
sir thanks 4 suggestion....but would like to ask, can't we apply for AB in high court first . If we get Anticipatory bail then half of apprehension regarding misdemeanor of police will be over . In case of surrender for regular bail will we get the same surely ? I mean without being influenced by the Local congress MLA and their group .
Please replyriven
PARTHA P BORBORA
(Expert) 24 September 2009
FIRST OF ALL SECTION 420 IS A NON BAILABLE OFFENCE. SO HE MAY NOT BE ALLOWED TO GO ON BAIL ON SURRENDER. SO PL FILE A FRESH APPLICATION PRAYING FOR BAIL BEFORE THE HI COURT CONCERNEDriven
pranay
(Querist) 24 September 2009
may not get bail w/o concrete evidence......???that's intimidating.....please some more repliesriven
Kiran Kumar
(Expert) 24 September 2009
dear dont be afraid....prima facie it seems to be an act of pressure and politics...let the Sessions Court dismiss the second Bail Application.
approach High Court for Anticipatory Bail....the facts u ve mentioned, if are true then your father is likely to get bail.
u can move high court under S.482 Cr.P.C for quashing of FIR and may even pray for trasfer of investigation to other senior competent officer citing reasons of police high handedness as u mentioned ur father was taken to some other place than PS and then released.
other offence under S.420 IPC is non-bailable and do read the FIR properly and check whether any other offence has also been added or not.
FIR can be quashed where there is nothing but an abuse of process of law or prima facie no case is made out.
u ll ve to ve faith in courts and put brave face to police atrocities.riven
pranay
(Querist) 25 September 2009
dear kiran sir , its a simple section 420 for taking money in
name of giving employment with no other offense related. As proof only three verbal witness . And my father damn sure about them not having any check, draft or my father's signature . Even investigating officer told my father that this case is false but you might have taken some commission which my father totally denied (what a sattire on our police "hu is suppose to be our protector" plays such nasty game).riven
PARTHA P BORBORA
(Expert) 25 September 2009
U MAY FILE AN APPLICATION U/S 482 CR.P.C BEFORE THE HI COURT TO QUASH THE FIR, IF UR STORY IS TRUE.
pranay
(Querist) 25 September 2009
dear sir...
I wud like to know further that when our first bail application was moved in session court in july 2008 , it was rejected quoting 'investigation is still under process ' can it be the case this time as we are already planning to move in h'ble high court soon
. So , may be that this time also the police states same so that bail gets rejected yet again . Our advocate says that this is in our favor as investigation should be completed within 1 year 8 months and proves that police is trying to harass us and plotting against our bail application.
Bhumik Dave
(Expert) 26 September 2009
Well advised by Mr. Kiran.
pranay
(Querist) 10 October 2009
my father got anticipatory bail from h'ble high court of chhatisgarh . Thanks to all intelligencias.....specially kiran sir....
