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Yashodhan Sharma (Production Manager)     08 August 2017

Quash our fir

dear sir/madam My case is of friend manipulated & wrongfully transferred all shares of my family in his name. from period 2005 to 2007 which my father used to handle. He robbed signed demat slips & transferred all shares to his name. father was sick for a year from 2006 to 2007 and expired by cancer on september 2007. he even after my fathers death transferred shares to his name in november december 2007. We did not have details of shares and He then misled us for upto 2010 in which year we enquired from Karvy consultancy about some bonus share send by them of reliance industries. Then send a mail saying that they were being rejected from transfer for sign difference in my friends name. we enquired from him and he admitted about selling all shares and told us he `would repay us. He lingered upto 2015 and since then he is absconding. For these many years police did not take any complaint against him saying that this is civil matter or matter for EOW dept. Now they accepted and filed FIR on 23 march 2017. He is absconding and applied for Quash of FIR in court for matter not in time limit (10 years old). He has more than 40 cheating, 138 cheque bounce warrants & 10 non bailable warrants. Can the FIR be quashed. Kindly help what should I do.



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 2 Replies

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     08 August 2017

Cannot say without seeing the FIR  and other documents pertaining to the case.

If the Fir is registered along with Ipc 420 limitation does not apply and a plea for quash may not be entertained.

I advice to engage a good criminal lawyer who will be useful  post  filing of charge sheet by the police.

Yashodhan Sharma (Production Manager)     09 August 2017

thanks a lot sir for your prompt reply, I am relieved since FIR is under IPC 420, 380, 465, 467, 471.

Police had taken report from his demat bank account which shows more that 70% of shares transferred to his name.

rest 30% are mortgaged by him to some people and he had taken loan on them in physical form. Although after my dad's death they are of no value. Police had taken statements from 4-5 such peoples who had said that they were fooled by him. He had not done any payment to us, he cannot show any such proof of payment. He had transferred some shares even after my fathers death. We have proof, police got that in Karvy consultancy's reply (Registrar for reliance industries). New enquiry officer appointed from police station  had been conpromised hence delaying mater he had taken CDR reports to find accused's phone number after 2 months and had been  lingering on instance of Sr.P.I. We have information that they had been bribed to get the FIR quashed. We are not served the notice (summon) for high court matter. We came to know from outside regarding this quash application. The shares were robbed from 2005 to 2008 period hence they want it to get quashed saying that it is not within limit.

I am scared, first complaint was made on 10-April-2016 to the police station, Police had taken one year to lodge FIR i.e. on 23-march-2017,  tried to arrest him on 23-april 2017 at ahmedabad, he switched the phone off since then, now since then they are lingering the matter.

What should I do ?


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