Advocate trapped in Wrong FIR ?
Kumar Krishan Agarwal Advocate
(Querist) 15 May 2011
This query is : Resolved
Dear Sir,
My advocate friend has trapped against the wrong FIR lodged against him under electricity Act 2003 by the Vigilance Team U/s 135/138(non-bailable) of EC Act before the concerned Police station. In Uttar Pardesh there is not provision of Anticipatory Bail like other states in India.
Now my queries are:-
Q1. Will my friend has to apply for bail U/s 437 of CrpC first for contesting the FIR before court or he directly file his objections against the Wrong FIR before court for testing the authenticity of the FIR ?
Q2. What are the shrewd defense steps to get out of this wrong FIR against him ?
Q3. If my friend keep quiet and sit at home will the FIR will automatically will be finished under Sec 167 of CrpC after if the no investigation occurred in six months or final report submits by the Police?
Q4. Is there any way to get out of the FIR without going deeper into it before court or a Cross FIR against the Vigilance Team will help in this matter to resolve it from both sides ?
Guest
(Expert) 16 May 2011
Please don't mind, wronng FIR can only be the result of the wrong behaviour with or unnecessary threat of your friend to some employee of the Electricity department to drag him in the court of law.
However,
1) If the offence is bailable, he must apply for bail. I feel it is better to apply for bail first before filing objection against wrong FIR.
2) Defense steps depend upon the nature of charge.
3) Keeping quiet can be construed as his admission of charge. There will be no investigation that should not be presumed, if the FIR is intentional.
4) Counter FIR against the Vigilance Team cannot be made and will not also stand, as any case has to be filed only against the concerned department, if it is a Government Department, not any individual by making the head of the department as the respondent.
M/s. Y-not legal services
(Expert) 16 May 2011
yes. Expert mr.dhingra stated correct only.. If you can post the detailed facts of your friend's case..
adv. rajeev ( rajoo )
(Expert) 16 May 2011
FIR is filed only he has not arrested, then wait for some more day;s, if he anticipates that he may be arrested then he may go for anticipatory bail. It is non bailable offence, if he surrenders himself before the court, if the judge is good and liberal in granting the bail he can do so, otherwise it would be difficult.
Guest
(Expert) 16 May 2011
kindly follow the advice of Mr.dhingra.
Advocate. Arunagiri
(Expert) 16 May 2011
It is better to get the anticipatory bail. If he is having a good defence, file the discharge petition if the police files the charge sheet.
Arun Kumar Bhagat
(Expert) 16 May 2011
Immediately apply for anticipatory bail to ward off unfavourable situation.
Guest
(Expert) 16 May 2011
I agree with PS Dhingra advise.
