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sony (Sr. Manager)     28 July 2011

What are the Option after Warrant issued to a NRI ?

Dear all Sir,

                    My name is Sony lal, 26 yrs female, working in Bangalore for a IT company as a Software Engineer.

by education i have done master in computer since.

My issue : 2yrs back i left my 1st IT Company properly and my company HR and Manager given me all my reliving and Exp. Certificate.

then i join some other company,  one day my boss call me to meet me,  i said i don't have time, that day we talk bit rough. after few days one of my ex college was working in her own website at work and my ex manager caught her. then she told that website is mine. and my boss given police FIR against me and my 2 friends. police station is in our same office floor.

next day police came in civil dress in my friend apartment and took me custody then i was 15 days in Bangalore jail. as i'm outsider and due to same didn't inform my parents at delhi. my other local friends manage to get my bail.

bail condition was i must visit each week to police station to do sign. I did one year then i get job in UK so i came here. from last 5 date i not attend at court. So far Charge sheet was not file to court form PS.

day b4 my friend inform me court cancel my bail also court issued warrant on my name.

 

With all due respect i want to know all your seiners what are the options remain for me ? please help me...is through money or ps it can be solve ? i'm scared to remember in past what i spend in BC jail.

 

Note : my boss is a egoist and mental

 

with regards

Sony Lal

UK

 



Learning

 7 Replies

sony (Sr. Manager)     28 July 2011

1. i left my company January 2009

2. March 2009 my ex-boss file a FIR on my name with my  3 ex company friends name

3. Police take us form our friends home and her computer also

4.  due to sat -sun and remand they keep us 3 days custody and not even single work ask.

5. they produce us a Magistrate home then send us jail.

6. somehow our local friends manage to get bail for us with some securities deposit.

7. after bail judge given condition to go ps every week, we did one year also attend 2 yrs all date

8. i get new job in UK so i came here, my friends manage to my date

9. judge is change and new judge came, he not saw me 3 time then cancel my bail and issued warrant

10. then after 3 days ps file the charge sheet and case will open next month

11. i can not come 3 more month to India

please tell me what are the option and what i sud do?

Saurabh..V (Law Consultant)     28 July 2011

@Author

 

I should mention you have pathetically managed your case. When any FIR is filed against a person, he/she is bound to stay in the country till the case is not settled in his/her favor. Even if it wa a false case, you had to wait till it is proved that you are innocent.

 

The way you went outside India and did not took permission from court points to the possibility that you are at fault.

 

Immediately you should appoint a good lawyer who can file for mercy and exemption for your presence and restore you bail orders. This would allow the case to go on without your presence and in your absence your lawyer would take care of the case.

 

Also you should provide data to the lawyer about the ill treatment of your ex-boss and how due to some misunderstanding and to take revenge he implicated you in the case. Your friend who got caught seeing some web-site who took your name, woudl play an instrumental role if your freedom. If she can be convinced to tell truth before the court, your name could be dropped from the case itself and you could get discharge orders from the court.

 

All the best!

 

//peace

/Saurabh..V

sony (Sr. Manager)     28 July 2011

@Saurabh..v

Hi Saurabh,

Thank you very much for such a nice suggestion, i read your many reply in this website and really appreciated the way you give ppl feedback. many thanks and wishes for your grate success in your life.

Saurabh, even while left India i knew its wrong but there was no option for me, i was mentally so depress, and surprise to think how our country running coz as i feel any one can make any one career ruin with his money power. and our blind legal system just fallow the rich ppl statement.

1. they areest me, taken my mobile and  switch off, i was in other state (Karnatka ) so not able to contact any one, whatever my boss said to ps they did like that, 3days custody ...didn't ask single question then 15 days at judicial custody...then local friend father arrange bail for us.

2. continue i attend ps 1yrs each week, mean time ps keep saying will send B Report this that and keep demanding money. for sake of career we all use to give 2000, 3000 rs most of the time. never face police and all so all time we go ps for signature vary scared...can't say all Saurabh.

3. i told you i didn't said at home so its hard to manage all my financial thing...coz to go PS, layer, ppl who say will help will help....my office work, my project and auto fare etc...effect badly...some time i think lets do suicide......with a full of details....but thought.....society will tease my parents whole life....so just close the eyes. And let’s move.

4. i get job offer from UK, thought i can earn here good salary, so i can fight my case proper way. after this incidence..im really lost my trust on our Legal system. police, layer all keep asking money .....they think we are IT professional and lots of money we have, even if we do request....police officer keep saying ...you all must done some wrong. i told him sir i left company 2 month b4....now working for other company and they did like this.

5. the company put us in this trouble is not big ICT company, its a 20 ppl small company and each Software engineer they pay 2000 to 8000 salary, only 4 guys have 8k salary, and they do only web marketing. we all join that for sake of Experience that time.

__________________________

Now Saurabh.....i'm only worried....how to set this issued warrant? i sud go back India ? afraid to meet layer also...if i would say i came uk he would ask lots money even police. also my friends saying now after 2 yrs police file Charge sheet and none of us know what they added ?

One important thing my company pur fir on us with name of 420 and like slimier offence, few words i remember...like Breach of contract etc.

Saurabh..is that if i go to meet police or layer they will arrest me and put me on jail till case finish ? i'm too afraid this way my whole career will ruin.....

 

or i sud just visit Delhi, inform parents and then came back forever to UK?

Please help me to understand my case and take proper step.

 

with many thanks and good wishes

Sony

 

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     28 July 2011

Hi, I am not going through the merits or out come of the case but being an accused in warrent what you have to do is to file a petition before the concerned court to get the warrent recalled by furnishing fresh bail bond and sureties. But it is possible only in your presence at court. but there is every chance to get your application rejected and be sent to jail and your passport will be held at court.

hence what i m advising is being away from india and the case is already derailed and warrent issued against you, it is better to be there as nw at UK as much you can stay and while coming back to home, engange a good lawyer.

THANKACHAN V P (Advocate & Notary)     28 July 2011


 

1.Normally courts are very liberal in granting bail to women. I do not know what happened in your case. 

2. First of all consult a lawyer of the of locality and to file an exemption petition before the court narrating all these facts. If it is turned down by the trial court then approch the HC. HC may allow the petition or direct you to surrender before the trial court .

3.Please engage an efficient lawyer and explore the possibilty of Quashing the charge alleged against you.

If you want any further clarification please talk to me directly through google talk 

thankachan.vp@gmail.com

 

 

 

sony (Sr. Manager)     29 July 2011

Hi Thankachan VP ji,

                                      1. i not get bail coz i was outsider there and no one know we are in custody...after few days from police custody we manager to give local friend call then they also new to handle these thing...and to understand and manage. It was taken 15 hell days us to CJ as a JC.

                                      2. The lawyer we consult he is very strict and money demanding person.....honestly i afraid with him also...he keep saying he is lawyer not a god. and this will take long time to clear.

                                       3. i'm a girl and parents keep asking me to get marry...so far didn't said and i'm after marriage this new can ruin my career and marriage life. my Lawyer keep saying me today need 1000 rs today 5000 rs like that.

                                             4. now if i say i'm now in UK sure he will ask me 20-40 k to manage thing. i ask him sir if this matter will close then ready to pay 50 k to 1 lks but he saying will fight at court etc.....and really i'm afraid to involve all this thing.

                                              5. One day i call my Ex-boss and requested if he can take case back, he is saying don't want to talk with us, and he have enough evidence etc.....police told they will send B report but till 2 yrs they not send and now they send the CS...but what non of us know.

                                                6. my friends says in my name warrant issue and case will open 20 Aug so i must back so our lawyer can take my signature and try to cancel warrant. but i'm surprise if it can or not ?

7. Need good suggestion sir how i can handle this situation?

 

If I come Delhi is police can catch me in Delhi also ?

THANKACHAN V P (Advocate & Notary)     29 July 2011

Don't worry  Soni. It is not  a big issue. If  you want I can engage a honest senior  lady Advocate in Bangalore or you can directly contact her.  Email ID and Mobile Number of Advocate Susheela

susheelasarathi@yahoo.co.in.(Mob 919845228434).

You please write detailed letter to her and she will do the needful. I am staying about 350 KM away from Bangalore otherwise I would have helped you.

Don't worry about landing in Delhi ,Bangalore police have other serious matters.

Best wishes

V P THANKACHAN

ADVOCATE

KUTHUPARAMABA 

KANNUR DT

KERALA  670643

 


 

 

 

 

 

 

 

 

 




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