Legal Question in Criminal Law in India

surrender in court & cross FIR
I purchased a car from dealer for a sum of 50000/- (mode of payment was cash 2 wittness are my father and uncle) and took the car along with 2 key,s,R.C,pollution, insurance,signed liceance copy of dealer,signed transfer papers- form 29,30,signed cash receipt, All these papers n cash receipt were not signed in my presence.When I went to R.T.O for transfer of vehicle I was shoked transfer official said that signature are not tally.Transfer of car stopped. After 5 days Dealer lodged F.I.R.406/420/468/471/506against me that puran took car from me for use but he went the R.T.O for transfer of car by forgering the signature on sale latter.Dealer said all sign forgrd by me. If dealer given the vehicle on temporary basis then he would handed over only one key but dealer says that he handed over me 2 key,s so that I should not face any problem in driving.I want to lodge cross FIR against dealer for selling me vehicle on the basis of forge documents but sub inspector said that FIR from both side in same cause of action is not possible and is not in provision of law.Can I lodgeFIR against dealer in same cause of action?police wants bribe I don,t want to arrest I want to surrender in court but police searching me.Can I surrender in court

Asked on 12/02/08, 5:27 pm

5 Answers from Attorneys

Nasir Butt Nasir Law Associates

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Re: surrender in court & cross FIR

You can surrender yourself in court for the grant of bail. So far as your information is concerned, you have, prima facie, good case to counter the opposite party either by lodging counter FIR or recording your counter version either in court or before Investigation Officer. But as you said that they seem to require some bribe from you, that's why that will not record your correct version in investigation. Best way is to lodge counter FIR and if they refused in doing so, you may get the FIR recorded presenting petition for the same in High Court.

Answered on 12/03/08, 7:20 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: surrender in court & cross FIR

(a) Yes, you may surrender in Court.

(b) There are two ways you may choose to file your case (1) Send your complaint by registered post to the SHO of the Area police station with a copy to the ACP/DCP/CP Delhi; (2) File a complaint in the Court. The court may refer your complaint to the Police u/s 156 (3) Cr. P. C. for investigation; once the court sends your complaint, the police may have to register FIR and investigate the offence.

If your dispute with the seller can be settled out of court, consider compromising the matter to avoid cost and time involved in litigation.

Answered on 12/03/08, 9:52 am

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