Ravi 04 May 2018

Seeking for urgent advice

I am seeking legal advice for the following matter;

One of my friend complaint against me for recovery of losses incured in his trading account which he given me to manage. There were formal agreement that i am liable to pay all losses.

I have received a letter (Content attached) from PSI to attend police station for enquiry and record my statement. I asked PSI to provide me copy of complaint or FIR(if any) . But he denied and said that he can not give as as inquiry is going on.

I am looking forward for following advice;

- Should i visit police station located outstate ?

- Is there possibility of getting arrested post interview ?

- Should i inform the same to my hometown police station ?

Thank you.

Reply Follow

3 Replies

(Guest)

If your friend has filed a formal complaint invoking Section 406 IPC (criminal breach of trust), as the alleged crime is a cognizable offense u/Schedule I Cr PC, the police are bound to provide you a copy of the FIR, per Supreme Court ruling in Lalita Kumari vs. St. Government of Uttar Pradesh & Ors. (WP Cr. 68/2008). As the concept of 'Zero FIR" is not alien to Indian law, the PS where original FIR was lodged must transfer it to the PS which has the jurisdiction to entertain it. You need not visit the PS out of town. Once the FIR is transferred to your local PS, it would be treated as if it was originally lodged there.

Although the local cops may require you to attend the police station to appear & answer questions, it is suggested that you contact a local lawyer to take up your case. It is also advisable that your lawyer attends the PS with you, so that you can avoid any complications that may arise in the PS.

If there is anything else I may be able to help you with, please don't hesitate to revert at: basu_kunal@hotmail.com

Warm regards

Advocate Kaybee

Ravi 04 May 2018

Thank you Advocate Kaybee for valuable and detailed answer. Apriciate it.I read your answer carefully and need further elaboration at your convenience;

- I am not sure if it is formal complaint or FIR yet.(Though i don't know if it makes any difference) .Can you plz eloborate how did you sensed that it can relat to "creminal breach of trust" ?

- Do i have to write letter to the concernAed PS to transfer FIR to local PS or i can call and inform to PSI for the same as It is written in the letter that i have to visit there within 4 days from receipt of the letter.

- If PS deny to transfer FIR,would it be better to hire lawyer from Mumbai instead Hometown ?

Regards.

anubhav Bhatt 05 May 2018

Dear client,
As per our concern you should visit there with the council and try to get that complaint or FIR in the concerned police station first there after proceed further.
If you need more clarification then you may contact us.
Advocate Anurag Bhatt
Allahabad High Court
Mobile 9198889990