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Arrested in IPC 408 and 420 but no proceeding for past four years
18-Jul-2023 (In Criminal Law)
I was working in a company as VP and parallel to that I was trying to setup a small business with a partner in the same field but very different client base. I was about to resign but I was picked by police one fine morning from office. My company alleged me for stealing materials and data and running a parallel business which wasn't true. I was arrested and sent to jail with IPC 420 and 408. There was no evidence for materials being stolen and some data has been misinterpreted to prove data theft. Now police hasn't filed a charge sheet even after 4 year and I want to sue him for defamation. I got bail in 3dyas but it was quite troublesome and lost all my respect in the trade. Setting up business after that was also too difficult. Please advise if I can ho ahead with defamation suit in high Court or I need file quash prior to this. Thanks
With reference to your law rato reg to filling of charge sheet against you . Based on your statement it is in ordinate delay in filling the charege sheet on that ground first we can move to high court to file direction petition to quash the fir registerd against you. Then we can file defamation once you relinguish from the criminal procedings.
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Adv. Mohamed Ashick
Chennai | 100+ Answers
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Hi sir madam.
First you can file quash fir and after that only you can file any case because without quash you didn't ask any thing or any file
First you can file quash fir and after that only you can file any case because without quash you didn't ask any thing or any file
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Adv. D Parthibhan
Chennai | 400+ Answers
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It usually happens with all grown up companies while an important person in the company quits the office. But in the position of a VP its really pathetic and I understand the mental agony. You can approach the Hon'ble High Court seeking direction to police authorities to file a chargesheet within stipulated time. They will file a chargesheet. Based on the materials relied by the police officer, you can file a quash petition before the high court if the materials are found in your favour. Or your can conduct your case/trial.
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Adv. Gokulakrishnan A
Chennai | 100+ Answers
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