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Clarification regarding alleged fraud of RWA Funds
27-Jan-2023 (In Criminal Law)
Someone I know is the president of the RWA of his condominium. A group of residents have filed an FIR alleging misappropriation of funds (3-4 Lacs). This person claims that as soon as he detected the fraud he fired the clerk involved and made the clerk's employer return the defrauded amount. The police is proceeding with a chargesheet under Sec 406 (not yet filed with the court). What is the best way out of this? Should this person try to compound this case by arriving at a compromise with the complainant? Should he try to get the IO changed? Or should he go through the trial?
You can file a writ petition before the high court concerned for quashing of the FIR. If the FIR is in Uttar Pradesh, court usually grants an order of stay of arrest. Or get an anticipatory bail.
Once you get such an order, you can approach the IO and provide him your version.
Once you get such an order, you can approach the IO and provide him your version.
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