Dear Sir, A few days ago I received a phone call from an SI who is who is telling me that they had arrested some criminals from Howrah station from whom they found my number saved and after investigation, it was found that 58-time calls are connected between my number and the criminal's number. so he told me that he have my arrest warrant and give me 14 days to come to his office Before three months, I posted an advertisement on a dating site and where I mention my number and clearly mention there that there is no money involved for friendships. Few calls I received from the different number but I did not entertain them as I changed my mind and work pressures from my office was increased. I never met with anyone and I deleted my advertisement as well as my account from the site. Now I am seeking your advice and sugesion under this condition
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Lawyers are available now to answer your questions.
1. Your number has been misused. Since you have been summoned by the police you should appear, failing which they will proceed against you according to the law.
2. Appear before police and explain to them that you have no nexus with the criminal in whose mobile your number has been traced.
3. Engage a lawyer beforehand so that you may apply for bail in the event you are arrested.
Sir, What is the case can be made against me, I am not prostituting I am working in an automobile sector as an accountant or I am not connected with those criminals, however, I just posted an advertisement where it was clearly mentioned that There is no money involved. My Educational Background and my family background is well. My age is 28 yrs Male. What is the chance of maximum punishment against me with this case. Is there any chance to get out of this harasment
1) there is no FIR filed against you
2) you should attend police station have your statement recorded
3) mention you never met the accused and did not answer any phone calls from the accused at all
1) you should take copy of advertisement released by you in dating site
2) mention in respesonse to advertisement you received phone calls which were not answered by you
3) that you were not involved in human trafficking
1. Releasing advertisements in dating sites is not a crime punishable under IPC.
2. So, do not worry for your said advertisement.
3. The cause of enquiry is that there have been calls recorded in the phone of an arrested criminal for which the police is required to investigate about the reason for such calls and also your involvement with the crimes committed by the arrested criminal, if any.
4. Meet the IO of police and co-operate with him for his conducting investigation in to the matter telling him the truth.
5. You can also take an Advocate alongwith you while visiting the said police station.
1. There is no case made against you so far.
2. Since 58 times calls have been recorded between your number and the criminal's number, you are required to explain the police why such calls were made to or by you to your and his phone number.
3. If it is regarding your posting in dating site, you should tell the same to the police.
The explanations what you give here shall be made before the court while seeking anticipatory bail and during trial proceedings of the case.
You do not attend the police station immediately on the date they have summoned you.
You may engage an advocate and clarify if there is any case pending against you in the concerned police station and then apply for anticipatory bail.
You can attend the police station after getting AB.
Rest of the things can be challenged in the trial proceedings.
1. Even if you have committed no crime the fact is that you are now a chain of the investigation conducted by police. Even innocent people get trapped in the rigours of law due to their unwise acts. Go to police and explain to them that you are unaware of how your number found its way in the mobile of this person.
2. The question of punishment will come into play only if you are convicted by the court.
Dear Querist
you should filed an anticipatory bail before session court or high court u/s 438 of Cr.P.C. and after getting bail, join the investigation with police and try to discharged from the case by police if possible.
if not possible by the police to discharged your name from the case, then you have to wait till the finalization of charge sheet and when you received any notice from the court then appear before the court and fight the case on merit with the help of lawyer who deals in criminal matters.
as per the information provided by you, there is no offence committed by you, hence you will be acquitted by the court.
Feel Free to Call
only call cannot establish that you are also involved in the crime. duration of calls are also important and it should corroborate with the incidence. you should contact a local lawyer and meet the SI but don't sign any document presented by SI.
if you are falsely implicated in the offence you should approach the high court under section 482 crpc for deletion of your name from charge sheet.