Case of swindle and fraud - need help urgently

chan (Querist) 08 June 2014 This query is : Resolved
High Level Background:

In a recent incident a senior citizen and her associated relatives realized that they have been swindled by a driver employed by the senior citizen to the tune of 30 lacs in gold and cash. The entire episode lasted for 2 and 1/2 years.

The driver used a God Man in order to coerce mainly the women folk by invoking fear. Gold and cash were handed to them during the entire span in return for various boons.

70 % of the total cash given was always deposited in the drivers bank account during the entire span.

Land purchase was also done through them which turned out to be completely fake as per the government land records.

It seems that the modus operation was executed by highly professional people in the backend and the driver was a conduit between them and the victims.

Steps taken:
1. When the senior citizen tried to apply for a FIR in the local police station the Officer in Charge refused to file it due to the reason cited that there is no first hand evidence of cash and gold given to him.
2. Services of a criminal lawyer has not been taken yet

Queries:
1. In this sort of incident what is the overall success rate in terms of justice being delivered ?
2. Under what conditions shall the Police file an FIR ?
3. Is this a non-cognizable offence ?
4. A list of top criminal lawyers in Balasore, Odisha

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Devajyoti Barman (Expert) 08 June 2014
1. No prediction can be made in respect of merit of case. The lawyers are fortune tellers.

2. If police is not registering FIR the complainant can go to Magistrate and secure necessary direction on this issue by filing an application u/s 156(3) crpc.

3. read book. it is there.

4.make online searches.

Dr J C Vashista (Expert) 09 June 2014
1. Depends upon merit and evidence of the case.
2. As advised by expert Sh. Devajyoti Barman, I agree.
3. Academic query
4. Findout yourself.

R.K Nanda (Expert) 09 June 2014
agree with experts.

Rajendra K Goyal (Expert) 09 June 2014
Agree with the experts.

V R SHROFF (Expert) 09 June 2014
Agrees with Shri Barman & Dr. [the experts.]

Guest (Expert) 09 June 2014
Well advised by all the Experts

ajay sethi (Expert) 09 June 2014
agree with Mr barman

Sankaranarayanan (Expert) 09 June 2014
i do agree with Sri BArman and Dr vashita

chan (Querist) 09 June 2014
Dear Gents,

Thank you for the expert advise. Concerned party has identified the best criminal lawyer in Balasore who will be providing his services. I have one query besides the point that we are eventually consult legal services and that is can crpc 154(3) which is submitting an application to the SP etc be bypassed and a direct approach to the magistrate made via the legal services ?

Surrender K Singal (Expert) 09 June 2014
At LCI site itself you can see 9 Lawyers are showing at Balasore by search for lawyers on top of this pages

Surrender K Singal (Expert) 09 June 2014
156(3) CrPC can be invoked after Police hassles; No harm in petitionin g higher Police Authority and DSP looking after EOW and Crime Branch

Devajyoti Barman (Expert) 09 June 2014
Yes, you can directly approach the magistrate u/s 156(3) crpc.

T. Kalaiselvan, Advocate (Expert) 13 June 2014
agreed, you can directly approach the court invoking the provisions of section 156(3) of Cr.P.C for necessary relief.

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