Alleged case against me in police for 420 and 406. in2011. nt
alleged case against me in police for 420 and 406. in the year 2010. not even ?
Police has registerd an false fir under section 420 against me in 10.08.2010 and arrested me and kept me in (jail) judical custody for 38 days. i got bail in 14.10.2010. from high court,
the police now have filed charge sheet against me in criminal court by adding one more section 406 and 420.ipc. on 22.03.2011.(judisial majistrate), India under ipc section 420/406.
on behalf of my Client / close friend register FIR Against me for fraud of money,through proper bank transactions please not that there is no cheque return (138 N.I. Not applicable).
today the date is 08.05.2014. till this date i have not even qustioned by the Hon.Judge of my court for the same criminal case (chrge not yet framed only charge sheet is filed and registerd by the police on 21.02.2011.) almost and exactly i have personlay apperaed in the court for the same case 48 times (i mean 48 vaatiha)in the past 3 years to till today.
there are infinity number of discrebenices between the FIR and THE CHARGE Sheet.
1. no mou (Memorundum of understadning) in FIR. But the fabricated mou is coming in charge sheet that too only as xerox again both fir complaint and charge sheet 161 statement and documnents and documentry evidences are given by the compalinent it self to the police.
the same document has been proved that it not belongs to me or i n the name of me issued on that particular date it was purchsed, thorugh a right of infomation act letter by the government stamp paper issueing authoritys deaprtments in thier reply letter. and the signature in/ of the same document is not mine in three different papers (again the document ppurcahsed year is 2006. and agreement entered date is 21.01.2008. in my name which also ????????)
2. in fir that the amouont given by the compalinted to me he is prooving through the proper bank transactions from his bank to me is Rs.1Cr only, in his self writtend compalint letter and corresponding evdience for the same from his bank staments. and the balance i have to give is also the same amount aagin his 161 statment is also cnfirms the same. but in the charge sheet that the police is telling with the same bank documents given by the compalinent is Rs.2 cr. part i have returend to the compalinted by my proper bank transaction again through his bank staments only, and the balance again through proper bank transactions to some else. so it is celar that the money is not with me. by the charge sheet itself . the second person A-2, is discharged now from this case by a discharge pettion in feb 2014..
3. in the FIR NO money returned and no interst and profit for the amount during the periond of transaction is given in the year 2008 to 2010. (that is two finacial years). but in the charge sheet it says part of amount given as profit (not the exact figure by an audited statement documentry evidence given) again there two numbers of form 16 a of income tax documents given by the complainent itself stating that 12.50 l and 15 l as ineterest creedit and tds deposits details to his accounts.
like the above there are more than 10 discrepencies in betweent the fir and charge sheet it self.
please note that even after all this i have not even questioned in the court till today for the chrges (not yet framed) against me .
so guide me what to do please please give me the proper guidence to further proceed in my case sir.
Asked 3 years ago in Criminal Law from Chennai, Tamil Nadu
Your case needs proper reading of case materials, because police have filed chargesheet which contains false papers and documents. You have to contest the case before Trial Court and have to prove that documents submitted with Charge Sheet by police are concocted and complete false.Hire a good lawyer
1. Information in the post is too scant to advise further on this issue.
2. if there is large contradiction between the allegations and the materials on record , you can think of quashing beofre the charge is framed.
1. Inadequate information for proper advice,
2. If there are discrepencies between the FIR & the Charge Sheet, file a quash petition before the High Court.
you have for quashing in high court or face trial & prove innocent
Advocate, Greater Noida
1. The facts furnished by you are inadequate to apply legal mind and suggest the legal recourse required to be followed.
2. You have stated that there are discrepancies between the FIR and charge sheet. If that be so, you may apply for quashing of charge sheet.
You should approach to High Court and file an application for quashing of FIR on ground that Documents in FIR and in chargesheet are fabricated and false.