I am a banker. in our branch there is a fraud in pension in which son in law of a deceased pensioner continue to draw pension from the pensioners account sine last 7 years with forged documents. when we came to know this matter bank have filed fir against that person. that person is arrested. but now police filed charge sheet against the bank officials which are involved in fraudulent transactions in the account. there is one transaction from my id also. the sections involved are ipc 409/420/467/468/471/120b. case is still in investigation phase. please advice whats should we do?
Asked in Criminal Law from Haldwani, Uttarakhand
1)you should wait for filing of charge sheet
2) then based on legal advice decide your course of action
3) you can apply for discharge if there is no evidence of your involvement
You have not mentioned the contents of FIR nor the allegations are clearly made.
Since FIR is drawn and police is investigating the Bank has nothing to do except the render all possible help to the police to case investigation.
The FIR named persons should apply for bail.
If the FIR has been filed then apply for and obtain anticipatory bail if you have not already obtained it as arrest may take place at anytime. Unless there is direct evidence of your culpability you cannot be punished for the offence by the court.
If you have been named as an accused in the list of accused in the fir then you may obtain anticipatory bail and challenge the same with the aid of evidences in your support.
You may verify the root cause and can prepare to defend yourself accordingly. Appraise your lawyer the facts and seek his advise to face the charges in trial.