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Developers (prop)     19 September 2014

420 case registered in other state

Please need assistance urgently , My brother is from Karnataka and a criminal case has been filed against him in Rajastan , my brother runs a IT consultation office in karnataka , He has not signed any contract or have issued any checks to the person in rajasthan , my brother has acted like a mediator and charged a consultation fee , and also he has never visited rajasthan.
he did not receive any notice or any written requests or any sort of paper work from the person who complained

now the person has filed a complaint in Rajasthan and today 2 cops arrived from Rajasthan and arrested him and gave us a fir copy  they are in the train and will take 3 days to reach Rajasthan hopefully they will reach Rajasthan on Monday , we don't know any lawyers in Rajasthan and have no contacts at all in that place.
how do we proceed further with this please let me know asap.

can a complaint be filed in other state if our office is in another state? ,
can we file for the case to be quashed in Bangalore high court even if the complaint is registers in Rajasthan?
can we apply for an anticipatory bail by contacting some lawyer as he is still on the way to Rajasthan?
can we get this case transferred to Bangalore high court cos he is from Karnataka but the complaint has been done in Rajasthan?

please provide me a reply as soon as possible its very urgent i need to get my brother out of this .
thanks in advance for all your kind consideration.
 



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 6 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant)     20 September 2014

Dear Friend,

The police complaint and FIR very well cn be filed at Rajasthan as the aggrieved person belongs to Rajasthan only. Now no anticipatory bail can be applied as the person is already been arrested and is in arrest transit from Bangalore to Rajasthan. You only have to apply for the regular Bail in the Metropolitan Magistrate Court of the area where he is to be presented. In your averments you have not disclosed as to which place in Rajasthan the FIR has been filed as it would have been easy for us to suggest a suitable Local Advocate there. Now you can only get transfer the case by putting a transfer application in the Supreme Court as it involves inter state transfer of the case. And at present case quashing application only can be filed at Jaipur High Court as the case is under Jurisdiction of the Jaipur High Court and not in Banglore High Court Karnataka.

Do you have the FIR Copy with you is yes please send it to me I can suggest you some ways to get rid off from this false case against your brother.

Developers (prop)     20 September 2014

SIr thank you for your valuable assistance i really appreciate it , I am thankful to you , SIr the case is in udaipur  and the case files u/s  420,406,(407 0r 467 unclear in the xerox copy),468,120b,67,66,71,74 most of them are very blurr and cant see the properly , Please suggest me some good advocate who can get my brother on bail asap and get this case closed . I dont want the police to put pressure on my brother and have him sign any documents as he as never been involved in any paperwork or have not signed a single document . His work was just as a consultant and he took the commission and he has a letter that states he is entitled to receive the payment.

please tel me how to get my brother out of this horrible situation.

Sudhir Kumar, Advocate (Advocate)     21 September 2014

can a complaint be filed in other state if our office is in another state? ,

 

Ans : Yes.  In case of cheating the complaint can be filed at any place on the globe where the effect of cheating has materilised or originate, or planned.


can we file for the case to be quashed in Bangalore high court even if the complaint is registers in Rajasthan?

 

Ans : Not at all. Challanage it in Rajasthan High Court.


can we apply for an anticipatory bail by contacting some lawyer as he is still on the way to Rajasthan?

 

Ans : He has been arrested so there cannot be any anticipatary bail. Apply for regular bail at Rajasthan


can we get this case transferred to Bangalore high court cos he is from Karnataka but the complaint has been done in Rajasthan?

 

Ans : Only Supreme Court has such powers.

Advocate Ravinder (Advocate/Attorney)     21 September 2014

I agree with the above experts.  If you are interested I can go to Udaipur, Rajasthan and contest the case.  You can call me 7893011777 or ravinder2345@ gmail.com. I reside at Hyderabad.

Anand Bali Adv. (Advocate Solicitor & Consultant)     22 September 2014

It is better you engage a   local Udaipur Advocate  which will be ggod and economical for you, which I can arrange for the purpose. Pl call me.

T. Kalaiselvan, Advocate (Advocate)     28 September 2014

Better contact an advocate from Udaipur for getting bail.  For address of advocates of Udaipur, you can browse from the LCI data base itself.


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