Legal Question in Criminal Law in India

My brother was running money transactions (finance business) along with big money lenders. Due to his incapability he lost everything and became insolvent. Since these people started threatening him with th ehelp of local rowdies, he filed Insolvency petition and went obsconding. After the people found him missing they have targetted two people. One is myself. I am working as a software engineer and married and staying with my wife and children in a completely different city for the last six years. I have no connection to my brother's business. They are targeting me and asking me to repay the money which is in lacs. Another person targetted is my uncle who is a govt employee living in the same town where my brother lived. The people are targetting him because there are no other relatives of ours whom they can catch hold. Now these people along with the help of local police (SI) has filed a false FIR including our names as well in it and also they mentioned in the FIR that we threatened to kill them when they approached us. They have mentioned that we both also were present during the money transfers and they are threatening us. The police says that even if we take anticipatory bail for this FIR, they would arrest us by filing an FIR based on complaints from another person. Since there are many people involved in the money transactions, they would be multiple FIRs and AB would not work. Please suggest us what we should do?


Asked on 11/02/10, 8:17 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

In stead of succumbing to pressure, it may be advisable to file a writ petition before the high court for the harassment meted out to you/uncle for no involvement. You may also file AB in the case already registered.

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Answered on 11/02/10, 9:49 am


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