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Thakur Amit Singh   27 July 2018

Case related to 420 IPC

20 persons gave 10,000₹ each to a person(accused) by cash..They dont have any proof of giving money to that person...How to investigate this matter and give justice to 20 persons???please help


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 4 Replies

Adv Deepak Joshi +917017821512 (Advocate)     27 July 2018

Go to police station along with 20 people who were cheated by accused and file FIR rest police officer  will take care, testimony of 20 people will be enough for filling FIR.

420 IPC is a cognizable, non - bailable offence. Arrest is done when Investigation officer is satisfied that offence has been committed by a particular person. ... IPC420 is Cognizable and Non-bailable offence and in the same arrest can be made right after registration of FIR or anytime before filing of Chargesheet.

Supreme court constitution Bench judgement in Lalita KUmari Vs Govt Of UP & Ors (2008) 7 SCC 164, where it was held that it is mandatory duty of the police to register an FIR where the complaint  of an offence as been made. The court held, “i) Registration of FRI is mandatory under section 154 of the code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such situation. ii) if the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.”.

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Vijay Raj Mahajan (Advocate)     27 July 2018

Police will register FIR u/s 420 IPC on the basis of statement of 20 people, what next? What is the proof these 20 people gave the accused Rs10,000/- each? How the criminal complaint case filled in the court by the police get proved, mere statement of each of these of giving Rs 10,000/- will not be enough, more evidence required for the prosecution and proving him guilty for the charge made against him.
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TGK REDDI   28 July 2018

Shri Vijay Raj Mahajan is quite precise.

Shri Thakur Amit Singh.    

Dear Sir

You'll be wasting some more money if you approach the police. 

Aks   29 July 2018

A mob of 20 or 30 people can accuse somebody of a crime....does that mean the crime really happened ?

Why 20 people gave cash to this man ? What is the proof that the cash was given ?  Was the cash given to buy cocaine or heroin ? Why receipt of payment was not obtained ?  Was there a joint plan of illegal activity being carried out by 20 plus 1 thru this cash ? Police has to look into all different angles.  

Just a group of people making accusation on someone doesnot make that person a criminal.

 

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