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Shyam (Business)     31 August 2012

Without any previous court or advocate notice

 

Dear Sir,

without any previous Court or Advocate Notice Can U/S: 419/420/120B of I.P.C. be imposed on any individual and court issue arrest warrant and send him on imprisonment for a period without any proof ?

 

Thanks



Learning

 7 Replies

ADV S PATHAK (lawyer)     01 September 2012

firstly u should give full details.

there is no notice for 419,420,120B directly Fir can be lodged. police can cognize.

1st option

if u were called by police and u didnt joined investigation on repeatedly calling by police then police can get police remand  for u frm court and after this remand u will be sent for 14 days judicial custody.

2nd option

complainant filed complaint directly to court u/s 156(3)

ADV S PATHAK (lawyer)     01 September 2012

firstly u should give full details.

there is no notice for 419,420,120B directly Fir can be lodged. police can cognize.

1st option

if u were called by police and u didnt joined investigation on repeatedly calling by police then police can get police remand  for u frm court and after this remand u will be sent for 14 days judicial custody.

2nd option

complainant filed complaint directly to court u/s 156(3)

Shyam (Business)     01 September 2012

 

The details/fact is that 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 & I’m 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. 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 receipt 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?

 

The Company used to give points which through members e-wallet account could be transferred to the members bank account or could be made saleable amongst members. he had opted for bank transfer for the first month points but he did not receive in the bank account for quite time. thus for the second month on their request and I had purchased some of the purchasable points from him by giving an A/C Payee cheque of the same amount to make my own further investment in the Company .Can this be an approved proof that the investment was in actual made and not falsified ?

  Even they had blamed me that I am a Development Officer of the Company in the Police Station at the time of FIR but & I am not and he doesn’t have any proof. Can this also act as a proof against it? In spite of this the police arrested me without any proof. Can police still arrest me and Magistrate put me behind bars for 14days and said to produce charge sheet? Is it justified?

i also want to add that before such allegations were made on me I had filed a case against the above cheated & fraud  Companies. 

Thanks

ADV S PATHAK (lawyer)     01 September 2012

as the chargesheet has been filed so the process has begun. now it is a case of evidence in the court. appoint a good crimianl lawyer and prove ur contentions.

Shyam (Business)     01 September 2012

 

Called by police to me in police station On every times I am joined in investigation.

 In any Low ?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?

 i also want to add that before such allegations were made on me I is a victim himself already had also filed application U/S:156(3)Cr.P.C.which was registered as M.P.Case No.576/2011 U/S:420/406/120(B)/506 of the Indian Penal Code and the said application was also foewarded to the Inspector -in-Charge of  Town  Police Station to be registered as a specific case and accordingly the I/C ,my Town registered my case against the defecto complainant of this case and the above Cheated  Companys.

ADV S PATHAK (lawyer)     01 September 2012

have u not pleaded not guilty at the time of chargesheet? have u not shown your documents of court case filed by u as an agrived?

U CAN to move to High Court for quashing of FIR u/s 482 crpc.

Shyam (Business)     03 September 2012

Dear Sir,

The Magistrate had already passed the order for 14 days imprisonment to me,and later asked for chargesheet on the basis of which he give Bail so i had got punishment before i could pleaded not guilty.

Yes I had field the documents .


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