Legal Question in Criminal Law in India

Help wanted
I was following up with a Central Government Ministry to get some projects passed. After relentless follow-ups, illegal gratification was demanded and I was coerced into paying.
Things still did not happen and for a year and a half, I was given a runaround.
When I complained to bigwigs, the complaint was turned around and an inquiry instituted against me for allegedly bribing a government official. I realized there was something amiss about the inquiry and I began strategizing the whole thing. I was forced to issue an abject denial.
Later, on filing an RTI, I came to know that such an inquiry had never taken place.
On sending a lagal notice to the Ministry under section 80 CPC, the answers are confusing � oscillating between verification, inquiry and investigation.
All this has led me to the brink of ruin � social, emotional and financial. I am still putting up a fight and would be grateful for a lawyer who can point out the flaws in my strategy. The strategy I have planned can be discussed in response to this question.

Asked on 4/30/09, 1:50 am

6 Answers from Attorneys

Pranav Desai PD Legal & Associates

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Re: Help wanted

Well!!! you query is very confusing. You must throw more light in the contents of section 80 notice to the Government department. Whereas doing something illegally or bribing money to the officials irrespective of their demands is an offence under the Laws prevailing in India.

Therefore, I suggest you should consult a local senior lawyer who would help you in the matter.

Answered on 5/04/09, 5:11 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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It seems to be a 'business' transaction and you may want to engage a lawyer on professional basis.

Answered on 5/01/09, 1:54 am

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

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Re: Help wanted

giving and accepting bride, both are offences and in case you admitting paying bribe to the government official, you may also be roped in. its better if you send a copy of complaint filed by you and legal notice sent by you u/s 80 cpc.

Answered on 5/01/09, 2:26 am

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Bala Gatla Not Applicable

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Paying and receiving bribe itself is a crime as such you cannot make a big issue. Probably because of your denial letter, they might have dropped the proceedings.

Better to concentrate on your projects approval rather than showing on silly things.

issuing notice and acting on the said notice would be different to that of inquiry proceedings. Since both are coupled with administrative actions, you may not get the relief whatever you expect. If you still insist the respective government official, definitely you would also be arrigned and intricated on pretext or the other as they to have a copy of letter of your denial... as such i advice you to wait for you turn and try to get proper approval, legally, for your project work.

if you wish you could send a mail but no phone call to my mobile as i may not be able to answer you.

Answered on 4/30/09, 2:38 am

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Shrichand Nahar S.V.Nahar, Advocate

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Re: Help wanted

Where several things happened over a period of time, it would be appropriate that you discuss your matter with your lawyer with details of what happened actually and what has been recorded/appearing in records and how you propose to prove that what has been recorded is incorrect or false.

Answered on 4/30/09, 3:36 am

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