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VINOD VERMA (C E O)     10 September 2012

Quashing of false fir

one of my friends and his colleges have been falsely implicated in an FIR u/s 420, 465,467,468, 471 & 120-B.

The fact being a fraudulant person opened an accounton the strength of his Voter Id Card and Pan in a private bank,.The front desk person verified the original documenst as seen, the other person was asked to verify the address of the account holder, after the receipt of the address verification report. My fiend being the Branch Head did counter sign the documtens. The acount opener forged a cheque and deposited the same in the Bank, and later withdrew all the amounbt in cash. The transactions did take place in normal couse of Banking Business and KYC norm, The person with whom the cheating took place could not find the cheaters, but filed a complaint with the Police Head,in his p[lace,  after investigation the Police registered a false FIR under pressure and implicated the persone working in the Bank. What procedure should be adopted to get the FIR quashed; or re-investigation can be sought. What are the chances of getting anti-cipitary bail. and then moving the applicatyion before the sSP for reinvestigation???

Please help



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 5 Replies

MADURAI LAWYER (LEGAL CONSULTANT)     10 September 2012

Dear Sir,

 

In this case, it is difficult to get anticipatory bail because the truth as to whether your friend was just negligent in his duty or has really conspired with that fraudulent person will come to the light only after the proper investigation. Any way, your friend has to undergo the criminal trial. F.I.R. filed against him in such a case will not be easily quashed by the High Court without green signal from the Prosecution side. For further clarification, you can speak to on 9842197857.

 

https://www.jeevaganadvocate.com/

JANAK RAJ VATSA (ADVOCATE)     10 September 2012

if your friend has the courage of conviction of  the truth that it is all based on falsehood, then he can apply for quash of the fir in the high court u/s 482 of cr.pc

Ashimta Lekhi Malhotra (Independent Lawyer)     11 September 2012

I agree with my senior Mr.Davessar. It all depends on how the counsel argues the case in the High Court.

VINOD VERMA (C E O)     28 January 2013

Thanks to you all for ur valuable suggestions., as on date  ACB has been granted by the Pb. Haryana  High Court. One of the prime accused, the female who did open the bank account has been arrested by the police but her other two accompliances are still at large. On medical grounds she has got her confinement shifted from Jail to Civil Hospoital on medical grounds. Even she is not being interrogated under pressure from high ups. do you think the police will file challan, when 2 of her accompliances are still at large and more over the sum opf Rs. 8.00 Lacs is yet to be recovred. Can the complainant file application with the High Court for getting the ACB  cancelled on any gorund. Please enlighten, as I think, even if the challan is produced the trial may go for several years and the innocent staff of the bank will suffer for long, as being a Criminal case u/s 420, 465, 467, 468, 471 and 120-B, they all will need to get Regular bails, join the case on every date and acquital may take several years, till the final judgement. Please advice is DGP Punjab is vested with powers to re order investigation ino the case and delete the names of the innocnet bank officials or on fresh receipt of investigation being not against the banbk officials, the High Court can take up the matter for quashing under sec. 482 Cr. P C ...... will be grtaeful to all those who come forwardto help, also please advice any good lawyer from Chandigarh who has handled such like cases


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