False fir u/s IPC 420,406,34
C M Asif
(Querist) 13 August 2017
This query is : Resolved
My brother was doing a business (Jewelleries) at jaipur, RJ.Due to some misguidance, he left the place without taking anything on 09/01/17 and he lost all his belongings. Now he have nothing.
But on 10/06/2017 one of his friend lodged a false fir u/s IPC 420,406,34 at Howrah, WB claiming Rs-5lakh. No strong evidence is there. Investigation is going on.
Now again he lodged an another false FIR u/s IPC 406 at Jaipur, RJ on 11/08/17.
1.What are the remedies?
2.Is two fir is permissible for same incident by same person?
3.Can we go for quashing the fir to HC?
4.It is very tough to communicate to Jaipur as we reside in West Bengal. Can the case be transferable to the West Bengal?
S.B.adil rahman
(Expert) 14 August 2017
You did not tell what is the profession of your brother. It is seen that the job workers from West Bengal go to different States of India to manufacture the gold jewelleries for which gold is given to them by the shop owners in good faith and/or by taking their signature on a Kutcha paper. However, after gaining their confidence they get more jobs from others also and when the gold becomes of considerable value, they flee from there and hide in the villages of West Bengal with the connivance of political parties and local police so the case or law remains ineffective even after recording of the case. I think that the same thing has happened in your case too. Why a person will lodge false complaint against your so called friend in West Bengal/ Howrah? What is his motive? In your case the best thing which the West Bengal police will do will be to transfer the case to Jaipur under section 187 Cr.PC where it will be merged with the Jaipur case because transaction and/or entrustment had actually been made there. No court will quash the case without providing adequate opportunity to the police to investigate. I am from West Bengal and am sorry to say that such cases are rampant by the job workers of West Bengal who work in Gujarat, Rajasthan and even in Delhi. It is not confined only to the job workers but also some non Bengali persons who hail from Gujarat, Delhi,Gujarat and UP etc. and are living in West Bengal specially in Kolkata hire the local job workers, take them to other States and commit the same offence. I understand that every thing is not alright as you say about your friend. Let the police investigate and come to its own conclusion. I hope application for quashing will not be helpful for your friend at this stage of investigation.
Adv. Yogen Kakade
(Expert) 14 August 2017
Going for quashing petition is your legal right but facts of the case need to be seen.
Kumar Doab
(Expert) 14 August 2017
Agreed with experts.
Post full facts of the matter.
Rajendra K Goyal
(Expert) 14 August 2017
Possibility of quashing is not bright.
Defend the cases against your friend on merits.
Case may not be transferred from Rajasthan to WB.
P. Venu
(Expert) 14 August 2017
There are no options but to face the issues on merit.
Kumar Doab
(Expert) 14 August 2017
Avail the services of a local senior very able counsel of unshakable repute and integrity specializing in such/criminal matters........
Dr J C Vashista
(Expert) 15 August 2017
1. Criminal case(s) u/s 406 IPC (criminal breach of trust) can not be transferred from one High Court to another.
2. You have the only option to contest the complaint cases in situ .
3. You may try your (brother's) luck for getting the FIR(s) quashed, which is, otherwise improbable.
Kumar Doab
(Expert) 15 August 2017
LCI Experts Mr. Bhartesh Goyal, Mr. J.K. Agarwal are from Jaipur.
If you wish you may get in touch with them.
C M Asif
(Querist) 15 August 2017
thank you all of u sir..
C M Asif
(Querist) 15 August 2017
kumar doab sir.. can u give me the contact no. of Mr Bhartesh Goyel sir and Mr. J K agarwal sir so that i may get in touch with them.
Rajendra K Goyal
(Expert) 16 August 2017
You can send PM to them.
Click his name_ profile would open _ click send PM_ write and send.
Kumar Doab
(Expert) 16 August 2017
You can also search in the search option............
Kumar Doab
(Expert) 16 August 2017
Also in the list;
http://www.lawyersclubindia.com/experts/expert_point_complete_list.asp
