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CrPC 107/151 case - not being discharged. No witness, no evidence
29-Jan-2023 (In Criminal Law)
In Aug 2021, police registered case of CrPC 107/151 against me on a frivolous complaint. Kept me in jail for 1 day. Forced me to sign personal bond and surety. I was told to appear on given date at SEM court which is he DCP office only. They have done nothing in 5 months. I have not been produced in SEM court till now. No evidence recorded. No witnesses. Every month date is given, I go and mark attendance. Now they are compelling me to submit someone's RC as surety and another bond. Is this the law in 107/151 CrPC? Without any recording of statement or evidence, the accused has been forced to admit the offense. Can I demand a fair trial is some other court? Can I file affidavit of true facts in the matter. The matter was of civil nature and sub judice in Delhi jurisdiction whereas criminal complaint lodged in Gurgaon. Police had no mandate to interfere in the matter.
If I sign anything further or submit bond and surety, it amounts to admission of offense.
Yes, you can claim a trialfor the said alleged offence. don't need to worry. if you want to contest the matter you can do it. No need to admit your offence if you don't want to. No one can force you to do that as well. Yes, it amounts to admission of offence. You can contact me for further information. I do practise in Delhi and Gurugram only.
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Adv. Prateek Aggarwal
Gurgaon | 100+ Answers
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