Legal Question in Criminal Law in India

Dear Sir,
I am NRI.
My wife, & me together were holding 50 % shares of a Delhi based pvt.ltd. Company having registered office at Delhi.
I left India in year 2002. In year 2004 Delhi high court appointed official liquidator for the company. Subsequently company was liquidated by the order of High court of Delhi in year 2008.
Recently I came to know that my ex partner (other director) sold some company properties without informing/permission of official liquidator.
I checked & found , that in year 2006 while company was under the control of official liquidator appointed by Delhi high court, cousin brother of other director & he himself, surreptitiously sold company's properties worth 1.5 crore situated at remote areas of Madhya Pradesh.
Properties were sold by three different sale deeds. There was no registered power of attorney with the sale deeds or any authority letter of company or official liquidator. (I have acquired copies of all three sale deeds from local tehsil.)
Local police is not ready to take any action, as other director is a local politician & son of Member of Parliament. He has threatened me that if I file FIR he will implicate me & my son (who is residing in India) in various false cases. (I have his recording on phone)
I am too scared to go to India & file FIR against him or even visit his area.
I did try to contact office of official liquidator Delhi, over phone but they informed me that company is liquidated now.
1. Can I file a case in Delhi high court asking for court to take action against him for cheating company & official liquidator appointed by Delhi high court?
2. Can Delhi high court order police to register FIR against him in Delhi? (Then Delhi high court order & Delhi police will take action not Madhya Pradesh police)
3. Can I ask Delhi high court for protection against me & son, against any false cases or criminal intimidation etc.
Please advice.
Vipin

Asked on 7/21/12, 9:02 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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you can approach the high court for registration of FIR but before that, you need to send all the documents and let the lawyer go through them and then a proper strategy needs to be devised. in case the company was in liquidation and the assets were sold without the knowledge of liquidator, this may be considered seriously. as you are scared of facing the accused person and apprehend involvement in false cases, you may move the high court for appropriate remedy.

Answered on 7/22/12, 7:57 am

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