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N SINGH (manager)     07 October 2010

Urgent HELP Needed in police notice

Dear members.

Pleased help us to get out of this situation , my father is in ARMY officer (serving) , due to my younger brother he is in Big trouble, An FIR is filed in his name with my brother, my brother was doing some business with someone (we don’t know them) , in their business they have taken some money around 14lakh from 2 person (as per FIR), now my brother company is closed down due to heavy lose, and they are not in position to return the money, in whole episode my father is not involved nor he take any guarantee about the money (verbal or in written) now these person file an FIR in local police station that my father was also involved in this business(they don’t have any evidence/proof). The FIR is filed under section 468 and 420 IPC, in three different police station against them, the local police station personnel already visited my father place for verification/ in search of my brother (who is not staying with father for last 5 years), and these was verified by father senior officer (colonel rank) plus local police station and SP office of my father place. Now once again SP of that particular District is sending an notice to present my father with my brother in his office in 10 days (which is already over as my father was on sick leave) ,

 

Now my quires are:

1.       Can Police file an FIR / court case in his name with my brother?

2.       What are the legal actions we can take in this matter?

3.       As per I know ARMY is having own court and rule and regulation; can we go to advocate and discuss this matter.

4.       Do my father is liable to repay the amount in any case,  

5.       Do my father got an departmental ENQ .

 

 

We need some suggestion and legal step to get out of this situation.

 

Thanks in advance    

 

With Regards

 

N SINGH

 



Learning

 10 Replies

Mugundhan (Lawyer)     07 October 2010

You have stated that police had already filed FIR including your father's name. FIR is filed including the names which are given in the complaint. Subsequently after investigation, when charge sheet is filed the Police may include or delete ur father's name depending on the outcome of the investigation. If ur father apprehends arrest, he can seek anticipatory bail. He can also file a petition before the High Court to quash the FIR. Decision has to be taken by you about the course of action to be adopted, after consulting in person,an advocate practising in the criminal side.

Dinkar Vidyarthi (Advocate/ Asst. Manager(Legal))     07 October 2010

Dear Sir,

                I am agree with, what Mr. Mugundhan has said. in addition, if SP by some notice called your father's presence before him than I have opined that your father must go there alongwith some retired army men or position holding persons will all the necessary paper evident as no relation with your brother since last five years. and firstly submit factual condition before SP than recourse the other alternative as suggested by Mr. Mugundhan.

N SINGH (manager)     07 October 2010

Thanks you sir for the early reply, can i tell my father to talk to SP over phone , as the notice period is already over and he was on  sick leave, can we hire an advocate for this , or he has to go personnely to solved this sitution.......

thanx in advance 

DEEPAK ASSOCIATES (08010117611)     08 October 2010

Yes but police generally did not entertain the explaination on phone. 

Please clear who file the FIR at three different Police Station, if it is same person or different persons.

Your father can send the proof that he was on duty during the period mentioned interalia in the FIRs

N SINGH (manager)     08 October 2010

Dear Sir , right now we dont have any FIR copy with us , as when the police person came to my father they told my father that they wanted only my brother , and they came here for investigation/ search , wether my brother is staying here or not, and this was verified by the SP and Senior officer(col Rank) of my father place.

Again SP is sending some notice to present within 10 days which is already over(as he was on SICK leave), can they take some legall action on my father , can we hired an advocate to look after this matter as my father dont want to face an departmental enquries by going to SP (as we all know abt the POLICE), pleased HELP US

 

Once again Thanks FOR Early Advice

 

with Regards

 

N singh

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     09 October 2010

Dear Querist,

 

Much has been advised in the forum in reply to your query. First course of action that you should take is to consult a lawyer having reasonable experience in criminal law practice. Secondly, if you think that your father has been falsely implicated, your father must move the Court seeking anticipatory bail based on the FIR already lodged. Since the matter involves a criminal offence under section 468 and 420 IPC, no army court shall have any jurisdiction to try and adjudicate the matter. Thirdly, it is advisable to respond to the notice issued by the SP concern. It would be better if your father can his statement recorded under 161 CrPC being part of investigation being an action i.e. examination of witnesses by police.

 

Fourthly, take the action as advised or else, if investigation goes aganst your father who being in senior rank in the Army, may afftect his career and emplyment adversely.

 

Trust this would suffice.

 

Thanks & regards.

Rabin Majumder
Advocate & Attorney
NuDelhiLawFora
At:
Ch. 91, Sh. AK Sen Chambers Block,
Supreme Court of India
New Delhi - 110001


(Guest)

The police cannot lodge a criminal case against a serving Army Officer without the consent of Army GOC?general etc. In fact your father should file a case of defamation u/s 499/500 as also notify the Police Commissioner and the Homime secy of the consequences of this illegal polica action. IMMEDIATELY.


(Guest)

Correction: Home Secy.

N SINGH (manager)     12 October 2010

Dear Member

thanks for all your reply ,

with regards

N SINGH


(Guest)

ya it is correct


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