• Police give a notice on ordinary paper writing Apraadh No. & section

Dear Lawaers,
My brother is working in insurance Brooking firm at Varanasi and his main work is to collect cheque from client and take sign on required document. One of his client has took three insurance from the company , now he has done police complaint against him that he  did  the false commitment for Insurance. Now, police came to our home and  given one notice on ordinary paper writing 
Mukdama Apraadh Sankhya 739/2015,Dhara 406.419.420 ipc ,Banaam - Alok Kumar Pandey,
Vivechak - Vinod Kumar Tiwari and his number. Also the complaint was in Mau (UP ) and we are in Varanasi. He itself Travel to our home to give notice. My brother went their once , the detain him for full day and asked question, he has given all the detail of company , name of person who has offered Insurance and their Address. Now, The same SI is asking to come again to police station for Inquire. Please suggest what to do.We are from a very poor family.

Regards
Asked 1 year ago in Criminal Law from Varanasi, Uttar Pradesh
Religion: Hindu
1. It is the insurance company and not your brother who is liable to be prosecuted for cheating, if any.

2. Your brother should immediately apply for anticipatory bail to preempt his arrest and thereafter contest the case on merits in defence. 

3. Without the protective shade of anticipatory bail your brother may be arrested at anytime.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
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Though your brother has not cheated anyone personally but acted on behalf of the Insurance brooking company alone, the charges are against him so it becomes necessary for him to surrender and get bail and then contest the false charges leveled against him by the police. 
As the police have already registered a FIR against him on the said sections mentioned by you, it becomes his duty to attend the police for inquiry session, let him be accompanied by an advocate to avoid embarrassing situations. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
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Meet a local lawyer. Actually your brother has working for insurance company but  in the FIR he is also an accused .So in this situation he must be taken bail or surrender before the court .Contest the case.If you have no money to engage a lawyer then approach Legal service authority for contesting the case with the help of lawyer .
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
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For getting the copy of the FIR file  petition under RTI act .You can get the copy with in 30 days Or other wise file a copy application before the magistrate court having jurisdiction come under the police station .Contact a local lawyer for bail .Cost depends on lawyers.
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
1. Police cannot send information on a stamp paper. It is always on a plain paper. So do not waste your time on this.

2. AB is not available in UP, but you can move the Allahabad HC for relief.

3. The procedure is to engage a lawyer who will do the needful. There is no fixed criterion for the fee of lawyers. 

4. No counter case is maintainable till such time that you are held not guilty by the court.

5. Police is bound to provide a copy of FIR. Your lawyer will be able to obtain a copy easily.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
1.Why police has send information on ordinary paper i.e. there was no stamp or any thing ,just half page of regular notebook is used for that.
If you suspect some foul play in it, you may engage an advocate to confirm the real situation and fact of the case.


2.Is anticipatory bail is applicable in Uttar Pradesh.
I dont think there is a provision in UP for anticipatory bail.


3.What is procedure of anticipatory bail or Interim Bail.
Consult a local advocate


4.Can we do any counter FIR against the person and if possible where to do in same police station in Mau or in our police station at Varanasi.
What is your allegation or complaint for counter FIR?


5.What is average cost required in such case for Interim Bail in UP.
Depends on the advocate you may engage.


6.In the last enquiry, police has not given any copy of FIR, They denied to give. We have been told that the case is in Investigation.
You can ask your advocate to get a copy.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
1. Since the FIR No. has been informed to your brother, he is required to apply for and avail anticipatory bail from the appropriate court where the matter will be heard,

2. After availing AB immediately, he can go to the said police station to attend the enquiry.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. It is not understood as to why the said notice was sent on plain paper without putting any rubber stamp. It may be false also which we do not know. the truth will come out when his lawyer will apply for AB and the Court will ask case diary to be submitted,

2. This part you shall have to enquire locally. Some where I heard that it is not. In that case file bail petition,

3. AB is obtained in anticipation of arrest. Engage a local lawyer for this purpose,

4. You can file FIR before the police station having jurisdiction on the area where the alleged cause of action against your brother took place,

5. Legal fees etc. vary from place to place and lawyer to lawyer which can not be predicted by others,

6. When you file AB application, the Court will ask for case diary and at that time you can see from the records the contents of the FIR and have certified copy thereof.

Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0

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