Received a notice under CRPC code 160, stating that an offence has been registered with CR No 172/2015 U/S 466, 468, 471,166, 167, 120(B) of IPC. The letter was received at last moment hence could not attend the same, 2 policemen came to my home and asking to sign the later written in Gujarati. My questions are 1. The case related to property dispute in some other state and the notice came from other state, can case be filed anywhere in India or it should be filed only on the same state. 2. Signed the letter mentioning that there is no involvement of mine. Please confirm what next step should be taken, as wrongfully I have been dragged into all of this
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1.Criminal case can be filed only at a place where the offence is committed.
2. I am not sure what exactly the letter is meant for.
First take information regarding the details of the case and then take necessary steps.
If you are named as an accused person then you will have to take bail.
Otherwise attend the case to give evindece,
1)if offence has been committed in gujrat case can be filed in gujrat
2) if part of cause of actioon has arisen ion gujrat case can be filed in gujrat
3) engage a local lawyer in gujrat .
4) it is necessary to peruse allegations amde in FIR to advice further
The case is against property dispute in the state of Haryana, complainant stays in Gujarat hence he has filed in Gujarat state. Main point to note is the case was filed on Sep'2015 and on Feb'17 the presence was required, so much delay is questionable. When the police came, we mentioned in writing that this is wrong case filed and signed the papers. Now what should be done, shall we wait for further police instructions or go and check with Gujarat police.
If the offence has been committed in Gujarat then complaint could be filed in Gujarat
2) apply for and obtain anticipatory bail from Gujarat
3) wait for police investigations to be completed and charge sheet filed
4) then based on legal advice file for quashing in HC
1. The case has to be filed where the magistrate has the jurisdiction to try it. If you have received the notice under 160 CrPC then apply for and obtain anticipatory bail as these are non-bailable offences. This should be the immediate step.
2. Consult a lawyer and apply for AB.
1. The case related to property dispute in some other state and the notice came from other state, can case be filed anywhere in India or it should be filed only on the same state.
It is a legal procedure for summoning the attendance of a witness before the police officer, who may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required
2. Signed the letter mentioning that there is no involvement of mine. Please confirm what next step should be taken, as wrongfully I have been dragged into all of this.
You are summoned to depose evidence as a witness only and not as an accused, this is a part of the process of investigation into the reported crime or offence.
Hence you need not be worried since you have already stated tht you are not knowing anything about the offence or case.
When the police came, we mentioned in writing that this is wrong case filed and signed the papers. Now what should be done, shall we wait for further police instructions or go and check with Gujarat police.
Since you have already stated that you do not know anything about this case nor you are involved in any such incidence, the police would have recorded your statement and would proceed further on the matter as envisaged in the provisions of criminal procedure code.
In the event of the police returning again, you may ask them in details if they required to record any statement, you may clearly state that you are not aware of anything hence any evidence recorded from your side would be of no use in the process of proceeding in the trail of the case.