Legal Question in Criminal Law in India

URGENT CASE � VERY RARE CASE OF PUNJAB.

It is humbly stated that, I am a MBA Graduate with specialization in HR (Human Resources) and finance. I owned one job portal. For this purpose I developed an online portal to enable the different companies, job seeker etc to find a good employee for their company or to find a good job in any company. For all these services which are provided by me through online portal, I charged service some fee valid for three months. Any person/ company/job consultant/jobseeker etc who wants to avail my services have to pay either through debit/ credit card or deposited this amount in my bank account. I opened current account with HDFC bank Ltd. My Job portal web page clearly display that �Premium Job seekers is a service only to search and apply jobs and does not provide any job guarantee. Before using our service please read our security Advices along with the terms and conditions carefully.

On 5th Oct 2012 Me and my father visited HDFC bank ltd. To operate our savings bank account where the branch manager of the same bank called the police, and some police officials taken our all belongings like mobile , purse and even vehicle in there custody and taken us forcibly to the police station where there was a sitting of Asst. Commissioner of Police. They beaten us badly and investigated a lot from us without telling us that what is the complaint? Then my father got released on 6th Oct 2012 in order to bring some amount as he is a diabetic person. After their release , my father immediately rushed to our advocate to discuss the matter and approached the H�able HIGH Court on 6th Oct 2012 evening and Warrant officer Raided the Police station on 7thOct 2012 early morning and found me in a room locked from the outside and released me from there.

Respected Sir I have been harassed by Ludhiana police on the basis that there is a complaint against me. I was illegally detained by the POLICE for three days and we have no other alternative remedy expect to approach the Hon�ble High Court. My father files a Habeas Corpus Writ petition under Article 226 for my release. I was released by the warrant officer on dated 7-10-2012. Due this Police nursing a grudge against me and my family.

Then after some days police called us to investigate the matter again and then we got some clue of complaint that there is a Complaint of SUSPICIOUS TRANSACTIONS FROM �FINANCE INTELLIGENCE UNIT� MINISTRY OF FINANCE. I THINK HDFC bank branch manager submitted one Fake complaint to Finance Intelligence Unit regarding Suspicious Transactions Reporting and from there they sent a letter to EOW Chandigarh and they marked one letter to Commissioner of Police of our City to investigate the matter and report directly to the MINISTRY OF FINANCE action taken report.

Police called us several times as we explained them that the amount received in our bank accounts are of the services related and we are not a wrong person, no amount has transferred from outside the India and everything is on records. But due to the HABEAS CORPUS in the H�able HIGH COURT police officials were treating us badly and even threatening us for records of the people who deposited the amounts in the bank accounts. And also claimed us the fraud and using words like job scam etc.

Under these circumstances there is no possibility/hope of justice from Police who is conducting inquiry. I fully cooperated with the Police, whenever they called me in Police station, I go there. I have been submitted everything which was in my possession and asked by the investigation officer. But now it seems that Police is misusing the process of law and harassing me under the grab of investigation with malafide intention. On dated 06-11-2012 under duress and threat, in connivance with other police officials obtained my signatures in DDR, though the information/papers available with me had already been supplied to police.

Sir I am a law abiding citizen, I have not committed any kind fraud/scam etc, all my transactions are fair and through bank. So everything is on record. I don�t know why Police is misusing the process of law, taking the undue advantage of there position and harassing me under the grab of investigation with malafide intention. On dated 04-12-2012, I was called by the police, where MHC on duty snatched my father�s cell phone Samsung Galaxy S (GT-S7562) and also abused us for the reasons best known to him.

It was very much clear that they will entangle me or my family members in a false case.

On 10th December 2012 they registered FIR u/s 420 against me recorded one complaint from Mumbai of around Rs.22000/- and written in the FIR that around 190 people had paid the amount some Approx 6Lacs. Now please explain us that how can we Quash that FIR as if there is any complaint it�s a civil matter if the person is not satisfied from our services and even then we are ready to refund if the person is genuine or unsatisfied from our services but it was a matter of consumer court which police forcibly taking this matter personal and doing the criminal proceedings against me, from the last 2 � months I am not working and also huge amount is spending on this case only EVEN OUR CURRENT ACCOUNTS ARE SEIZED.

PLEASE HELP PLEASE HELP PLEASE HELP PLEASE HELP PLEASE HELP


Asked on 12/17/12, 12:17 am

2 Answers from Attorneys

Global Legist Advocate & Legal Consultants

Hello,

It is a complicated matter and you should Immediately contact a local lawyer.

Thanks

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Answered on 12/17/12, 1:39 am
Shrichand Nahar S.V.Nahar, Advocate

Too many facts. Consult your lawyer with all the details.

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Answered on 1/03/13, 2:27 am


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