Legal Question in Criminal Law in India

I am a Non Resident Indian since 2001 and now working in Qatar as Chief Executive & Partner of a Company.

It has come to my notice that based on a false complaint by an ex-employee of my Company; Cantonment Police (Trivandrum City, Kerala, India) has registered FIR No: 217 of 2009 (under sections 420 and 474 IPC) against me alleging that I had taken some blank papers with his signature while at Doha, Qatar (Arabian Gulf). The complainant resigned from job and left Qatar after about two years service, during August 2008 when he got involved in a motor accident related serious issue. Later he tried for NOC to overcome the 2 year re-entry ban as per the Laws of Qatar, but the Company Management declined, as a matter of policy. Then he threatened that he would trap me, the Indian partner in some cases in India. As such, it has to be realized that the said FIR is the after effect of this.

Later, Police started threatening me over phone and harassing my relatives at Trivandrum demanding a compromise. I think, by compromise they mean to give NOC so as to enable Mr.Zabeeb (complainant) to re-enter Qatar for a job offer he may be holding now.

Sir, please advice whether the Local Police in India has the authority and jurisdiction to proceed against me like this for a matter alleged to have occurred in Doha, Qatar. The Local Police is saying that CrPC is amended to the extend that if the complainant and accused are Indians, even matters happened outside India could be tried in a criminal court in India.


Asked on 11/22/09, 2:10 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as far as latter part of your query is concerned, am in agreement with that. an indian can file a case even if the offence was occured outside india. but as the non furnishing of NOC is a civil matter, the criminal case may not be sustainable. you can file a petition before the Kerala High Court seeking quashing of the f.i.r. and as an interim relief, you can seek directions against the police authorities, restraining them from harassing your relatives. you just need to send a power of attorney in favour of your lawyer duly attested by the indina consulate in Qatar.

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Answered on 11/23/09, 2:46 am


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