Vikas Jain (CEO) 24 November 2014

Ipc 379 - Arrest warrant on forged document

Hi,

I need help regarding understanding IPC 379 which have been filed against my brother. This is a case of stealing mobile & there have been a police warrant against him.

The thing is his documents were used & sim have been alloted to someone else (criminal intention). Now when the sim was inserted in stolen mobile, police might have got the information of sim.

This is a case of year 2012 - police came to my house & since we didn't want to get more in to this, we payed police to clear this mess.

But again in year 2014 - police came with an arrest warrant & now the case is under court. There have been no summons issued. Now again we have to pay to police so that he does not arrest my brother & now we to have fight case or please let me know if there is alternative ?

Please spread your views on this issue. How far it's true that police can come with arrest warrant ? Facing trouble without doing nothing.

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6 Replies

adv.raghavan (Advocate,9444674980) 24 November 2014

When your intentions are clear, there is no need to pay police fellow,which u have did. It is better to take on the case on its merits at least now.

Vikas Jain (CEO) 24 November 2014

Well the police came on saturday with a arrest warrant. Anticipatory bail would have been given on monday.

What would one can do to stop police ? You have to pay them to not arrest atleast till some time. Right ?

BHUWAN RAJ 09839268489 (lawyer) 27 November 2014

Dear

File a writ petition in the high court for stay of arrest and quashing of FIR registered against your brother.

Regards

Bhuwan Raj

Advocate

Cell: 09839268489

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Vikas Jain (CEO) 04 December 2014

Hi Bhuwan,

How do I quash the FIR registered ? & how much time it can take ?

It's a two state problem actually. We live in different state & the case is in different state. I came to know if we fight this case - it takes time to get solved & then there are cost involved (travelling + lawyer fee + other).

And the other option is to compromise with the owner of stolen mobile .

Also we came to know through sim company that the data is totally wrong with that sim. There have been spelling mistakes of my brother's name & father & also the surname is nowhere correct. Also date of birth is totally wrong. But only the address is correct.

I don't understand is it worthwhile to fight the case or compromise with the owner of mobile ?

Please let me know your views.

Thanks.

Adv k . mahesh (advocate) 04 December 2014

when your brother has done nothing then it is better to fight to quash the fir with proof what you have given in your query and even you can compromise to settle the issue with the owner of the mobile but he may demand more by seeing the consequences

what you pay to him will be used to quash the FIR may be you have shall some more amount

Vikas Jain (CEO) 04 December 2014

Hi Mahesh,

Mobile cost is 9000 according to the court papers. What do you think, how much he can ask for ?

Quashing of FIR - Is it easy & can be done in one go ?

I am trying to get more details from telecom companies about the document attached & photograph that is used when buying the sim.

I reached sim company once & they said on the same mobile no. there have been 4 users alloted so far. 1st in 2009 , then my brother, then in 2012 & then in 2014. If anyone does not use sim till 6 months it's available in the market again. Also on their software, sim allotment & termination details of my brother were not found & they said old details goes in to their warehouse & it's tough to find out.