Shyam (Business) 26 November 2012

Legal step against the magistrate's for above order ?

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 & demand for 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?

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 or guilty for the injusted done to me.

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

Thanks

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5 Replies

Rohit Krishan Naagpal (Advocate) 18 June 2017

250. Compensation for accusation without reasonable cause.

(1) If, in any case instituted upon complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation against them or any of them, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one; or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid.

(2) The Magistrate shall record and consider any cause which such complainant or informant may show, and if he is satisfied that there was no reasonable ground for making the accusation, may, for reasons to be recorded make an order that compensation to such amount, not exceeding the amount of fine he is empowered to impose, as he may determine, be

paid by such complainant or informant to the accused or to each or any of them.

(3) The Magistrate may, by the order directing payment of the compensation under sub- section (2), further order that, in default of payment, the person ordered to pay such compensation shall undergo simple imprisonment for a period not exceeding thirty days.

(4) When any person is imprisoned under sub- section (3), the provisions of sections 68 and 69 of the Indian Penal Code (45 of 1860 ). shall, so far as may be, apply.

(5) No person who has been directed to pay compensation under this section shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information given by him: Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter.

(6) A complainant or informant who has been ordered under sub- section (2) by a Magistrate of the second class to pay compensation exceeding one hundred rupees, may appeal from the order, as if such complainant or informant had been convicted on a trial held by such Magistrate.

(7) When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub- section (6), the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided; and where such order is made in a case which is not so subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order.

(8) The provisions of this section apply to summons- cases as well as to warrant- cases.

Section 358 Cr..p.C provide following :-

Whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground of causing such arrest, the Magistrate may award such compensation, not exceeding one thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit.
In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to each of them such compensation, not exceeding one hundred rupees, as such Magistrate thinks fit.
All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid.

Further in

Rajender Singh Pathania & Ors Vs. State of N.C.T. Of Delhi & Ors of the Hon'ble Supreme Court of India that:

"The issue of award of compensation in case of violation of fundamental rights of a person has been considered by this Court time and again and it has consistently been held that though the High Courts and this Court in exercise of their jurisdictions under Articles 226 and 32 can award compensation for such violations but such a power should not be lightly exercised. These Articles cannot be used as a substitute for the enforcement of rights and obligations which could be enforced efficaciously through the ordinary process of courts. Before awarding any compensation, there must be a proper enquiry on the question of facts alleged in the complaint. The court may examine the report and determine the issue after giving opportunity of filing objections to rebut the same and hearing to the other side. Awarding of compensation is permissible in case the court reaches the same conclusion on a reappreciation of the evidence adduced at the enquiry. Award of monetary compensation in such an eventuality is permissible "when that is the only practicable mode of redress available for the contravention made by the State or its servants in the purported exercise of their powers."

Shyam (Business) 18 June 2019

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? 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 or guilty for the injusted done to me. can i take any legal step against the magistrate's for pased above order ?