• Unjust PO Proceeding

Hi,

My friend has been framed in a false criminal case by his brother. He is charged with 420, 465, 467, 471, 474. 

1. He has two FIRs for same event and same charges in same city at two different Police Stations.
2. He has gotten an anticipatory bail at one PS, the other was rejected. 
3. The other Anticipatory Bail was rejected in May by HC Chandigarh, there has been no notice, no call, no warrant from police since then. The person is living at his given and registered Address and using the phone which all concern officers have,
4.He has even been in the same city where FIRs are using the same phone, even met commissioner of that city. But suddenly we got to know that police has issued an NBW and shown absconding in their records, and now they are in the process of issuing a 2nd NBW and start proceeding of Proclaimed Offender. 
5. This guy is not fleeing, he has not been formally informed about NBW, neither was called for investigation.
How can we contest this?
Asked 1 year ago in Criminal Law from New, Delhi
Religion: Other
5. This guy is not fleeing, he has not been formally informed about NBW, neither was called for investigation.
How can we contest this?
This generally happens due to the lethargic attitude of the police or due to their dereliction.  Under the situation, your friend should first try to obtain anticipatory bail by applying for it once again narrating the entire events and claiming innocence to the subsequent developments. Get enlarged on bail and surrender before the trial court and get the NBW recalled by filing a petition under section 70(2) of Cr.p.c.   This will solve the issue of notification of prclaimed offender. 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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Your query is vague to answer properly. He has gotten an anticipatory bail at one PS. What you mean?
Provide m,ore details of the case .

Your friend can file a new anticipatory bail application in change of circumstances .
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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1. The clouds of arrest are hovering over your friend and are likely to burst soon. They will not dissipate unless and until your friend secures AB in the other case. If the bail has been denied by the HC then he can move the SC against the decision of the HC.

2. At this moment the emphasis should be on obtaining bail. Once bail is secured he will be able to contest the case on merits.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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1. It is surprising that when one Court has granted AB why it was not mentioned in the other court that FIR for the same cause of action for which already AB has been granted, has been filed in another police station? How can both the police station have jurisdiction on the same area where the cause of action arose? 

2. Your friend  have two options left now,

3. Either file an application for AB before the Supreme Court or avail surrender bail,

4. Engage a local lawyer who can surely arrange for surrender bail after negotiating with police,

5. After availing bail, your friend can fittingly contest the case, inter alia, pointing out the non receipt of any notice.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0

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