LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shyam (Business)     29 December 2012

Can ask for compensation for the injustice done to me?

 

Dear Sir,

Can without any written proof but only on the basis of any unknown persons witness can police arrest & Magistrate give such punishment even though I had only introduced the business? is it justified?

 

But i had been put to remand wrongly. I hadn't known about the provisions at that time, so is there any way i can ask for compensation  for the injustice done to me?

can i take any legal step against the magistrate for passing the above order ?

 Thanks



Learning

 6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     30 December 2012

Dear Shyam

without facts I can not say anything.

Shyam (Business)     30 December 2012

Dear Sir,

facts is that :-

I, my wife, family and other persons invested some money in online investment companies named 'Unipay2U Mktng.Pvt.Ltd.' & 'Visarev LLC 'in lieu of good monthly returns. Some one friend also came to know of it and showed his interest to invest. I only introduced the guidelines to him & he invested by his sole & discrete decision in the Company. He requested me to help him with the procedures & I helped him in only investing the money with the money he gave me in good faith to be invested which I had duly done so and he too had received the documents from the company to an investor directly. He also received points from the Company as per the Company norms through sms until when unfortunately the Company closed down & misappropriated all our money & Im also a victim of the same.

 

After that he had been constantly threatening me & demanding his money back from me. But the fact remains true that I had only been an introducer & i am myself a victim to it & I & my wife and all other investors have also been cheated & our money misappropriated by the Company.

 After that I’m filed an application U/S:156(3)Cr.P.C. registered as M.P.Case U/S:420/406/120(B)/506 of IPC and the said application was also forwarded to the Inspector-in-Charge  in local police station to be registered as a specific case and accordingly the I/C; P.S. registered the case against above cheated Companies & above friend.

 

Unfortunately my friend come to know and received/granted anticipatory bail.

After that he filed an FIR in local police station against me & placed five unknown persons as witnesses of my receiving money from him but he has no written proof such as receipt and a court case U/S 419/420/120B of IPC.As a consequence of which police arrested me & the magistrate passed the order to keep me on 14 days remand custody & demand for submit the charge sheet.

 

Can without any written proof but only on the basis of any unknown persons can police arrest & Magistrate give such punishment even though I had only introduced the business? is it justified?

 

But i had been put to remand wrongly. I hadn't known about the provisions at that time, so is there any way i can ask for compensation  for the injustice done to me?

can i take any legal step against the magistrate for passing the above order ?

 Thanks

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     31 December 2012

Dear Querist

1. Police can only register the Case and arrest the person and produce before the court on a written or oral complaint.

2. at the time of production before the magistrate the first of all accused should filed a bail application, after persual of the facts and circumastances if magistrate think fit that the prima facia case is made out and the matter is non-bailable, magistrate have power to pass an order to take judicial custody of  The accused .

3.after you acquital in this case you can file a defemation suit in civil and a complaint in criminal and you can also file a case for malicious prosecution against the complainant.

4. you can not do any thing against magistrate.

Feel free to call

Shyam (Business)     02 January 2013

Dear Sir,

Can I appeal under Sec 482 Cr.P.C and avail any benefit?

Thanks

 

Shyam (Business)     14 January 2013

Dear Sir,

Can I appeal under Sec 482 Cr.P.C and avail any benefit?

Please reply.

Thanks


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register