Legal Question in Criminal Law in India

I am NRI living outside India for 5.5 years.

I deposited 7 lacs with a builder in 2006 after he carried out advertisements even though he had not got clearances or license to build apartments in Dist-D. Aparment was about 27 lacs worth.

I made a yahoo mailing list in 2006 year end to to keep track of the builder�s project in which I had invested but obviously kept my identity secret.

For the below summary:

Dist-A is in a separate state (stateA)

Dist-B and Dist-C is in a separate state (stateB)

Dist-A, Dist-B and Dist-C are adjoining each other.

Dist-D is in a different (stateC)

I signed the builder buyer�s agreement in 2007.

I kept on depositing the payments and deposited 21 lacs (out of the 27 lacs cost of apartment) by early 2010 to the builder.

The yahoo mailing list became popular and many duped investors having cheque bounce cases, no construction cases, late construction cases came in and narrated their stories in the mailing list which reached about 300 members. Some of the mailing list members were the builder people themselves impersonating as investors.

In 2009 many people (may not be mailing list members) found that an FIR was lodged against the builders in EOW Dist-A and gave their complaints there too.

In May 2010 Dist-A high court gave order to give 80% to all investors coming through EOW complaints.

In Jun 2010 some members thought of protesting against the builder in Dist-A on a large scale. To stop the protest from occurring the builder harassed the people by lodging complaints against around 10 active members in various police stations in and around Dist-A.

Jun 2010 :Simultaneously he found out by bribing Dist-A cybercell or someone else that I was the admin of the group at first sending email legal notice which had all baseless charges (about 20 IPC codes all baseless). (Now Dist-A cybercell says that no information about my/admin identity of the mailing list was given to builder)

Jun 2010 : Builder threatened me and my family (to close the mailing list) in email and phone saying �do you want criminal harassment to yourself and your family�. Being in fear I had to delete the mailing list. However I nevertheless asked the builder to give me about 5 lacs as damages (for late construction, taking money despite little or no progress in construction and harassment to me and my father) and which he did on the basis of written agreement which both he and my father signed ( I am an NRI not in India)

Aug 2010 :When the builder started sending back registered posts (did not receive regd posts) where I told builder to refund my money and cancel my apartment booking (because his license to build had expired in 2009) and another previous querie and did not respond in email.

Aug 2010: The bonafides of builder were wrong. ThereforeI reopened the yahoo mailing list on which the builder agreed to refund but asked for sending a draft agreement in email. They did not respond after I send them draft agreement so I followed up in email again.

Later they used the same emails to tell mailing list members that I was using the mailing list to get only my money. Builder broke credibility of mailing list. Further builder threatened my job again.

In early Sep 2010 we also complained to EOW Dist-A (thereby becoming part of the existing FIR having IPC 406, 420, 120B against the builder) and also lodged FIR in Dist-B (IPC 420, 406, 506) where my father lives and asked for protection.

The builder threatened me and my father�s life again in late Sep 2010 (that on pretext of Ayodhya issue they would kill me/my father or other members of my family).

In Nov 2010 to our surprise suddenly one day police came to our house and we found that builder had lodged FIR against me and my father on IPC 420, 467, 468, 471, 504, 506, 323 with false allegations which never happened nor are possible. They lodged FIR using 156/3 through a Dist-C judge despite initial police report that the offence as stated in FIR did not take place nor is the matter in jurisdiction of Dist-C as neither we stayin Dist-C nor the builder based in Dist-C. In the builder�s FIR there is no mention that we gave 21 lacs to the builder, and in the FIR they expect to be given password of mailing list (which is neither ethical, legal or appropriate). My father is heart patient and diabetic and 70 years old.

At present around 800 persons are part of litigation against this builder (state vs builder) however they are all scared and also due to lack of time do not participate in litigation actively.

We gave Dist-C police, Dist-B police and EOW Dist-A all the necessary information and proof, but still there is no action. Dist-C police is clearly protecting the builder (base in Dist-A) despite facts being very clear. Dist-B police after taking money has indicated that they will close FIR that we registered. EOW Dist-A police says that Dist-B police has responsibility for investigation of threats to us from builder.

We are living through hell and in tension and harassment. Dist-C IO cannot read English and he is IO for internet related crime where all the evidences are in English. He is asking me to give builder the password and money which builder gave to me as damages.

What should I do as the Dist-C police keeps telling me that this case will take long time (even though it is quite clear case) and he not closing the case.

We cannot give password or money even to escape from the situation as that could implicate us further either now or in the future.

My fear is that they can do anything if I return to India or to my father if we take more action.

Already 2.5 months have passed after the FIR against us with fake and fabricated charges and allegations.

Dist-C IO on behalf of the builder wants me to give the password and return money (which are accepted as damages as per agreement with builder) which is neither appropriate, legal or appropriate.

We want to avoid litigation in Allahabad high court for quashing the FIR. Builder has already filed some papers in Allahabad high court to enable him to delay case there. Both builder buyer agreement and the 2nd agreement say that jurisdiction will be Dist-A.

Each passing day is a big harassment and tension for me and my father and we are full of fear.

What can I do to stop the tension, agony, harassment of the FIR against us (already 2.5 months old) since the police are siding with the builder and not closing the FIR?

They have political connections as well.

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