Legal Question in Criminal Law in Pakistan

Plz suggest i should file petetion 22a for arrest of accused as police is not arresting him while FIR is registered under 489f on directive of court ( 22a also filed for FIR). Investigation officer also met with accused and advised to get pre-arrest bail. He promissed but yet has not obtained pre-arrest bail. I have asked the I/O to pressurise accused but he is not taken it serious. sone one told me he has prepared fake document and 02 witnesses those will give oath that he has return the amount but i have not taken back amount, i have also 02 true witnesses. Cheque is with me and on bases of such proof FIR is registered. If i filed petetion 22a for arrest of accused I/o will not give favour to me and it is chance durring trial if certificate of verification of sign/document is in my favour I/O will hide it from the court by giving different reasons and if again he will produce quickly. Please note i have not signed any document/stamp paper nor seen it drafr. The accused also promised to me for returing of my amount in front of my true 02 witnesses. Please suggest on bases of your experiance how police behave in future in such circumstances. Slip of differ signature is obtained while balane in bank account was insufficient as informed by I/O statement obtained from bank. lawguru team is my advisor and i m new one.


Asked on 12/12/10, 9:31 am

3 Answers from Attorneys

case specific strategy has to be adopted, you should consult the lawyer who is going to fight your case in the court of law.any way u can cal mr during office hours at 0323- 4638149

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Answered on 12/12/10, 9:37 am
Salman Khan International Lawyer

yes go for 22-A as it is a hope but they will declare the accused absconder and you will remain deprived of amount. The better way is that if accused is willing to pay back ask him to pay in the court and you will pardon him there.. For more u can consult me at [email protected]

Regards,

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Answered on 12/13/10, 4:11 am
muhammad ahmad mian law associates

under section 22/a , your petition will be useless for arresting the accused in session court,, but high court can take action,, you need no worries about the fake document he has been prepared,, because if you are not involved preparing that stamp paper then a newer case under sactions 420/468/471 ppc will stand in your favour and it would be easy for you to prove that,,, he is in real trouble if he come for pre-arrest bail,,, because without pre-arrest bail the I.O. can't write down his (accused)verdict in investigation.. u need to engage a lawyer

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Answered on 12/13/10, 4:13 am


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