False case under IPC 467, 468, 471, 420 by Pune police
I am an educational consultant. as per the bye-laws of my Educational Society, registered under Society's Registration Act, at AP, I am doing educational services in various states since 1992. My Society is affiliated with various Universities for providing Information & guidance to the students regarding various courses. At Pune Branch, police registered a false case under 467,468,471,420 IPC against my institution by seizing some marks cards alleging that they are fake. In fact, they are all genuine, originally issued by the Universities, and pertaining to those students, who appeared for the University Examinations through our guidance. the case is also registered without any complainant. in FIR they told that on an unknown phone call,they came to institute and taken some certificates from the office table, while my office manager counselling to the students. He was taken into custody. He was shown as A1. Me as A2. Here no de facto-complainant as an aggrieved party ( how 420 can be imposed?). No document is verified with the issuing Authority ( how 467,468,471 can be attracted without knowing the genuineness of the documents)
Asked 2 years ago in Criminal Law from Pune, Maharashtra
When the case is pertaining to the documents, which were already seized and taken out to the Police Station, what is the necessity to lock my institute further? What is the reason for physically detained the accused under police custody? if police custody is extended further by the magistrate on the false plea of police, can we challenge it in upper court for Judicial custody/remand/bail?
Asked 2 years ago
1. Was the police allowed to take A1 into custody? Police must have laid its hands on some prima facie proof of the forgery of the mark cards. If there is no documentary evidence which can vouchsafe the forgery of the mark cards, the FIR can be challenged in the High Court which can quash the same.
2. An anonymous phone call is sufficient basis for filing the FIR. That identity of the complainant is unknown is not a ground for refusing to register the FIR.
3. Since FIR has been filed the first priority should be to take bail. A1 can apply for post arrest bail as he has already been arrested.
1. The administrators of the institute are accused. Police is authorized to attach the properties of the institute during the pendency of the case. You may apply to the court to unattach the properties. If the lower court declines your request then you may move to the High Court.
2. Police is at liberty to arrest the accused unless and until he has been granted anticipatory bail. If you have not sought AB you must file it to avoid being arrested.
3. If A1 has been arrested then he may apply for bail. The lower court may not grant bail considering the sections which have been slapped. So he may have to move the HC.
immediately file a writ petition or anticipatory bail petition before High Court and after that fight the case on merit.
all the sections mentioned above is matter of documentary evidence which may be disproved before the trial court but initially police may arrest the accused if police think fit for investigation.
Advocate, New Delhi
for the accused who arrested by police file a regular bail before Trial Court/Magistrate court with all the evidence which have in the possession of the accused or institution and if magistrate reject the bail then file before session court u/s 437 of Cr.P.C.
Advocate, New Delhi
Since A1 has already been arrested, it is advisable that a regular bail application be applied before the court giving all the grounds which prove innocence of A1 and that there is nothing to be recovered from A1 and hence no useful purpose would be solved to keep him in custody.
Any person can be arrested on basis of a complaint if he has not sought an Anticipatory bail for offence with which the person is so accused. the case property which has been taken by the police is a mandatory procedure which is followed to verify the documents and cull out the truth in case of cheating, forgery etc cases. The documents which have been taken away will be verified from the concerned authority during the course of investigation. there is no need of a formal name of the complainant to file an FIR. an secret information received by the police can also be lodged as an FIR if anything pertaining to that information turns out to be true.
1. There might be some proma facie evidence collected by the police against your Institute for which they have conducted the said raid and acted accordingly,
2. If finally it comes out that there is no fake/document seized by the police and/or no criminal act has been conducted by you as per the charges levelled against you, then surely the police will not be able to prove the charges and the case will be didmissed,
3. At present, your first job is to apply for AB for you and bail for A1 after which you need to contest the case fittingly,
4. Engage a local lawyer haiving expertise in this field.
police officer is not bound to show his source of information. if case is registered against you then you should examine the evidence collected by the police during investigation. police can't take papers from your table in the absence of independent witness. if police did so then that seizure is void and not acceptable in court. police is bound to collect all documentary evidence and oral evidence of some person acquainted with the facts and circumstances with the case. in your case if police fails to show any independent evidence in support of alleged fraud and cheating then you have right to set free. genuineness of document is the matter of investigation and your guilt will be decided by the court on the record presented by the both sides but at this time you should collect all evidence of your favour and try to get bail.