May be granted ab in us 420
Santu
(Querist) 17 July 2017
This query is : Resolved
I have missspropiate some govt money like rs 7500 due to error in account. I was suspended and then dischage me from duty. the post was casual in nature. I refunded money to government. I took place in july 2008 and repaid in 2008 but a FIR was registered in December 2009 and case us 420 was registered. My office was in under other police station station and my residence was under another police station, I never knew about the case suddenly in June 2017 I came to know that a case was registered and NBW is issued against me. What to do now1.According to charge sheet that Prima Facie is established but FIR lodge after one and half year without explaining proper explanation so it may indicate that there is vested interest of compliant.2.I assumed to not have hurt anyone physically, mentally,4.I never came to know about the proceeding as it might be the address which is mentioned F.I.R is not correct as my permanent and resident address available to compliant. Thus I am pleading that I was not absconding or evading the process of Law.5.I was not given any summoning by court or police, notice or any bail able warrant before thus I was deprived of any chance to defend me in the court. I think it is a violation of individual liberty granted under Article 21 of Indian constitution.6.Chance of my absconding of fleeing away from justice is nil as I am Assistant Teacher under Govt. of West Bengal my post is permanent in nature. Moreover I am married with two children one girl age, 14 other a boy age four and half years and a widow mother aged 59 to look after. I am a permanent resident of India and I do not have any passport. 7.Like hood of offence repeated is nil as I am not in same post.8.Investigation is completed and charge sheet submitted so there is no question of interfering in investigation.9.Possibility of tampering of witness is zero as I never came across the mentioned witness and not witness had complained in this regard.10.In charge sheet there is no mentioned that I would be required of any kind of custody for interrogation or any object is too recovered from me.11.I am having good antecedent and belong to good family and there is no criminal case is pending against them. Neither they nor I was convicted and went imprisonment before in any criminal case.12.Now I am a man of good moral and behaviour is good. My present service record is very good.Please help me in this matter. can get ab?
Dr J C Vashista
(Expert) 19 July 2017
Be brief and precise to avail benefit of FREE advise of experts on this platform. Consult a local lawyer for such a long story.
krishna mohan
(Expert) 20 July 2017
I agree with the views of Dr.Vashistaji. Since you are in service any arrest made will have implication. Better consult a lawyer specialized on service matters and explore the possibility of quashing FIR if you have been relieved of all charges on remitting the money to Govt. account.
