Firstly, you'll need to hire an advocate to get your brother regular bail. The charges levelled against your brother are come under non bailable offence, so grant of bail is at the discretion of the magistrate trying your brother's case. Section 437 of CrPC lays down provision, wherein, regular bail may be applied by the accused.
Section 420/406/467/468/471/506 of IPC: Please help in this case
My Brother was running a matrimonial business. Recently Cyber cell conducted a raid in his office and seized all his assets and documents and arrested all the employee including my brother (owner). We got the FIR copy from Magistrate court. This FIR was filed by one of the customers, he is claiming that he made a payment of Rs.11000 for which he didn't get the receipt and services were not provided to him. Although the FIR was filed through an online application to SSP of the District. Police logged an FIR under section 420/506 only. However, in the General dairy of the FIR, Police added new sections 467, 468,471 and 406 basis all the documents received by the police as claimed in the FIR. Question -1: Can Cyber cell conduct such raid on the basis of this type of FIR where accused didn't submit even a single proof like payment receipt or any other document substantiating his claim. Question - 2: What could Police find in the documents of Matrimonial business to apply section 467. How someone can do a forgery of valuable security in a matrimonial business in our facts. Question - 3: What should we do now to get bail as soon as possible. Need urgent help. We are in very much trouble and someone tapped my brother fraudulently.
Asked 6 years ago in Criminal Law
Religion: Hindu
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8 Answers
1. Yes the cyber cell if has reason to believe can enter the premises and check and collect evidence.
2. The police in complaint is misguided that you have forever the license to run such business.it has collector it for investigation.
3. Apply for bail before magistrate he shakl allow the bail application on furnishing of security if not than bail application need to be files before session court. Hire a good lawyer take a certified copy of FIR on what basis charges are levied he will satgur bail accordingly.
On the basis of FIR under section 420 and 406 and subsequent raid on the premises of the business and recovery of subsequent related material lead to addition of other sections in the FIR.
On the basis of complaints the police can investigate the matter and add or delete sections.
Please arrange your documents to prove your innocence and apply for the bail.
These sections ( 467,468 & 471)are cognizable and need proper reasons and ground to get bail. Immediate bail may not be a possibilityin these sections from the sessions court and after rejection you can move to High Court.
1. The cyber cell is a specialised police unit and hence enjoys all the powers which a normal police force enjoys.
2. The section of 467 and 468 IPC do not apply here as no element of forgery transpires from his allegations.
3. If your case is properly represented the bail should be granted in the next hearing date. So engage a good criminal lawyer.
raid can be conducted by cyber cell
2)i is necessary to peruse allegations made in FIR , recovery made by police after raid to advice
3) apply for stay against arrest from HC
What criminal act in it, if not receipt provided and services. What criminality in this ?
And what is the role of cyber cell ?
506 ? what threat ?
What documents forged by not paying receipt ?
This is really bull shit. Apply regular to court and quash of FIR in High Court.
Can`t understand, what criminal act committed in this matter.
1. The complaint before cyber cell would enable them to go ahead with the legal action.
Though there is no cyber crime involved in this, it may be on the pressure of the high level officials involved in this,
This can be challenged in the court of law only.
2. You will get the copy of the charge sheet once it is submitted to court, you can verify the documents they rely upon and prepare your defence accordingly.
3. On the basis of the FIR and the practical issues, you can plead the grounds in your application for bail.
1. No this could not have been done, please check whether any permission from court was obtained or not and if not then challenge the FIR before the HC.
2. You must approach the HC at the earliest for quashing of the FIR
move an application to obtain bail before the magistrate
Get in touch with a lawyer at the earliest.
Regards
