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Shyam (Business)     10 October 2012

Can court issue arrest warrant & send him on imprisonment?

 

Dear Sir,

I, my wife, family and other persons invested some money in online investment companies named 'Unipay2U Mktng.Pvt.Ltd.' & 'Visarev LLC 'in lieu of good monthly returns. Some one friend also came to know of it and showed his interest to invest. I only introduced the guidelines to him & he invested by his sole & discrete decision in the Company. He requested me to help him with the procedures & I helped him in only investing the money with the money he gave me in good faith to be invested which I had duly done so and he too had received the documents from the company to an investor directly. He also received points from the Company as per the Company norms through sms until when unfortunately the Company closed down & misappropriated all our money & Im also a victim of the same.

 

After that he had been constantly threatening me & demanding his money back from me. But the fact remains true that I had only been an introducer & i am myself a victim to it & I & my wife and all other investors have also been cheated & our money misappropriated by the Company. I am convincing that friend. But he had been constantly threatening me & demanding his money back from me

 After that I’m filed an application U/S:156(3)Cr.P.C. registered as M.P.Case U/S:420/406/120(B)/506 of IPC and the said application was also forwarded to the Inspector-in-Charge  in local police station to be registered as a specific case and accordingly the I/C; P.S. registered the case against above cheated Companies & above friend.

 

Unfortunately my friend come to know and received/granted anticipatory bail.

After that he filed an FIR in local police station against me & placed five unknown persons as witnesses of my receiving money from him but he has no written proof such as reciept and a court case U/S 419/420/120B of IPC.As a consequence of which police arrested me & the magistrate passed the order to keep me on 14 days remand custody & submit the charge sheet.

 

Can without any written proof but only on the basis of any unknown persons can police arrest & Magistrate give such punishment even though I had only introduced the business? is it justified?



Learning

 2 Replies

Shashaank Mishra (Advocate)     14 October 2012

No the magistrate was not justified in passing such an arbitrary order, moreover cases such as this have a provisiob for anticipatory bail and arrest stay, u can move High Court for arrest stay and if u are already in judicial remand the move Sessions Judge for regular bail, contact some good lawyer immediately.

Shyam (Business)     14 October 2012

Dear Sir,

But i had been put to remand wrongly. I had n't known about the provisions at that time ,so is there any way i can ask for compensation for the injusted done to me. 

can i take any legal step against the magistrate's above order ?

 

Thanks


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