Legal Question in Criminal Law in India
criminal intention for harassment
against a sharebroker, i had filed c/suit for recovery of Rs.125,000 + also filed criminal complaint for not returning my paid shares in the year 2005.
in criminal complaint I added name of directors of the company in 2008 and was allowed.
directors being influential persons, managed STAY their names by moving High Court, by getting summons served on me, while I was away at USA. Hon'ble High Court ordered in their favour, on the strength of their FAKE affidavit, ex-parte.
now said directors / sharebroker, after moving HIgh Court in 2008, have added my name in some FIR lodged in the year 2006 and I have been served with Notice u/s 160 from Crime Branch (of another state) who asked me to attend them. I deputed my A/R with authority letter for getting copy of FIR and details, but same was not provided and intimated that I should come in person else they shall come to my place.
Can the Crime branch (EOW) be induced to harass me wrongfully ?
Should I take anticipatory bail and than report to the crime branch or I should move the High Court to Stay the crime branch process or I attend crime branch with my c/suit and criminal complaint certified copies with all facts of the case.
Please guide and assist. thanks.
4 Answers from Attorneys
Re: criminal intention for harassment
You may need to contact a lawyer; it may good to obtain anticipatory bail.
Re: criminal intention for harassment
once you know that the directors got relief from the high court on the basis of fake affidavits, what action have you taken in that regard after returning from US. secondly, in a criminal case, you cannot depute your AR once you are arrayed as an accused. you will have to go personally and seek bail and in case the lower court refuse the bail, you will have to approach the high court for the same. after securing the bail, you may file a petition for quashing the f.i.r. in case you have cogent grounds in that regards.
Re: criminal intention for harassment
FIR is available in the local court and anybody and apply and obtain a copy.
In the event of apprehension of arrest, you can apply for anticipatory bail in the Sessions Court within whose jurisdiction offence is registered.
High courts are reluctant to stay an investigation.
Re: criminal intention for harassment
We suggest you to consult a senior advocate and then proceed based on his opinion. Further, based on your case obtaining anticipatory bail is a must.
Related Questions & Answers
-
File fir-ques 2 I registered a case of DVA.Hearing is on 1/9/09. I am forced to live... Asked 7/12/09, 10:22 am in India Criminal Law
-
Mental harresment My immidiate niebourer has hangs reverse side of shoes... Asked 7/12/09, 7:44 am in India Criminal Law
-
Cheque bounce case in chandigarh citicorp maruti finance limited has filed 138 ni... Asked 7/12/09, 5:18 am in India Criminal Law
-
Procuring passport on forged rationcard+ a man has procured a passport on forged... Asked 7/12/09, 5:09 am in India Criminal Law
-
Rape what is the procedure of reexamination of rape victim,if she had already been... Asked 7/11/09, 12:38 pm in India Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
