Cheated by ig rank police officer.
jatin sharma
(Querist) 15 April 2012
This query is : Resolved
hi, my client was cheated by IG rank police officer. the facts of the case is that he was applied for the job of constable in police. his cousin brother was told him that his relative is a IG in police. he will selected you if you paid him 10 lakhs. my client paid him full money to IG through IG' son, but he never selected at post.when he demanded our money back, they told him that we will kill you if you ask us about that money. he approach the local police but no one could help him.
plz advice me, can i file a writ petition in high court. which writ will be appropriate for this case.
reply me urgent
Shonee Kapoor
(Expert) 15 April 2012
No writ is maintainable.
Only a complaint is maintainable against DGP.
And if DGP doesnot take any action, a complaint case in court is maintainable.
I am surprised when someone thinks that by paying bribe it becomes the right of the party to claim benefits.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 15 April 2012
Also in the instant case, if I am not wrong, no proofs of giving the money would be available.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Dr J C Vashista
(Expert) 15 April 2012
How can you establish the fact that you have paid the money to bribe IG?
Even if you have proof, giving and taking bribe is illegal and both of you are liable to be prosecuted.
Not to speak of a writ petition in High Court, a police/Complaint before Magistrate is not maintainable.
Adv.R.P.Chugh
(Expert) 15 April 2012
As regards recovery of money - even if it is proved - ex dolo malo non oritur actio/pari delicto potior conditio defendantis - it can't be recovered for no court would lend its aid to a man who finds his cause of action upon an immoral cause - i.e trafficking in public offices in other words - when both the parties are equally at fault - the law leaves them to their own fate. The amount is irrecoverable, and would expose each of parties to criminal prosecution.
The agreement is void ab initio as per S.23 of the Indian Contract Act.
prabhakar singh
(Expert) 15 April 2012
I can not take bribe,if I take, I commit an offence.
You can not give bribe , if you give,you commit an offence.
Now when you complain you gave the bribe,you admitted your guilt.
On the other hand ,he shall deny that he took the bribe for which he shall not be charge sheeted unless you have evidence to prove you really gave him the bribe which he accepted.
If you wanted to trap him, you needed to pre inform the anti corruption cell.
It was in fact a play between two dishonest.
