cpc

police protection


Please let me know the followings if possible:
1. My wife received one cheque which is returned on ground 'Refer to drawer-A/c Frozen'. Does it attract 138 N.I. act? Please mind that the account is not closed but bank has freeze it as account is inoperative for long time and has no balance.
2. I need police protection as the accused is giving threatning to me to kill if I will not pursue my wife to take back the case. I am in Bhubaneswar and I talked with the P.S in-charge but he refuses to provide any security. What should I do now? Should I approach the High Court with Writ under 226? Or may I approach the JMFC? And if I may approach JMFC then under which section?
Please guide me.

 
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Lawyer

send a detailed application to the local SP or IG....if they dont accept it personally then send it by registered post.

 

if no action is taken then approach the high court for protection orders.....but mind it the petition should not be a frivolous one.

 

as far as ur 138 case is concerned, the account was frozen because of insufficient funds, in my opinion, liability under 138 stands.....the complainant has got a case to pursue against u....dont go for hypertechnical interpretation of law.

 

protection orders will not absolve u from criminal liabilty under 138.....protection orders will not come to ur rescue, they can be a temporary arrangement for other purposes but liabilty will stand.


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No,no. You have not understood me.May be I was wrong to explain you.

My wife is the complainant in 138 case. and We are getting threat to withdraw the case. Accused had tried to beat me three days ago and I filed FIR but police is saying that they cannot give protection to individuals. Can't I get protection against payments?

 
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Lawyer

dear Tanmoy,

m sorry for the advice on the other side.....

well, u ve ever right to be protected by the police and the accused can not harm u in any manner.

in case the police is failing to provide u with adequate security then u can move before Hon'ble High Court either under S.482 Cr.P.C or under Writ jurisdiction of High Court to get the protection orders.

 

Rest ur lawyer will take care of.


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Dear Kiran, thank you for your reply. Can you please tell me whether I can get protection from Judicial Magistrate First Class?

 
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Advocate/Lawyer

Tanmoy, maybe U have talked with the police about providing protection only ...... Have U tried lodging an FIR against the accused u/s - 506 (II) ..... If U do this, the police will summon the Accused to the police station ..... & thereafter U can bring this fact before the concerned court trying the 138 case ... or options have already been disclosed by Mr. Kiran .... but that's a long way....

Well there is something strange in ur query .... 

1. My wife received one cheque which is returned on ground 'Refer to drawer-A/c Frozen'. Does it attract 138 N.I. act? Please mind that the account is not closed but bank has freeze it as account is inoperative for long time and has no balance.
 

U r asking here whether the particular reason attracts 138 N. I. Act ...... and thereafter U have said that ' the accused is giving threatning to me to kill if I will not pursue my wife to take back the case ' If U had already filed the case what made U ask whether 138 is attracted ?

 
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My concern was whether the matter will be later quashed or not on technical grounds.

 
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Yes, FIR registered 506 and some more sections are there and accused has fled away from area but it is not serving the purpose as police is saying nothing to worry but if this accuse will return and try to kill me then what will happen?

 
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self employed engineer

Dear Mr Kiran kumar, All others

/ advocate high cours,

Legal law manager pls display for urgent. notice to experts.

All expert on the pannel is attn is invited pls.

Request  to help me,  help Justice,N  judiciary. pls.

  thanks in advance to all .



Attached File : 43 lawclub 2 oct09 note ii.doc downloaded 113 times
 
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