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FIR filed against primary lender for kidnapping


01-Oct-2023 (In Criminal Law)
Is there any offence when, A, (not in the business of moneylending) lends money to B(friend) but B further lends such borrowed money to C, somehow C goes missing and family of C files a FIR in the name of A accusing him for the kidnapping of C ? if yes, what are the remedies for A?
Answers (4)

Answer #1
807 votes
The accused can file a writ in the High Court for quashing of the fir and a prayer for stay of arrest. You will have to file all the papers pertaining to the matter whereby you can prove that the fault is not at your end and you have been falsely implicated.
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Advocate Nitin Chopra

Adv. Nitin Chopra

LawRato Allahabad | 5+ Answers
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Answer #2
679 votes
No the act of kidnapping if not has been done by A. Merely lending money is no offence in the eyes of law and if only on the basis of doubt,an FIR is lodged, the person A would be able to challenge the FIR by means of a writ petition before High Court.
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Advocate Piyush Shrivastava

Adv. Piyush Shrivastava

LawRatoLucknow | 5+ Answers
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Answer #3
744 votes
If family is allegeing that A kidnapped C then certainly first information report can be lodged against c, if first information report is lodged then A may file writ for quashing of first information report and for staying the arrest of C before Hon'ble High Court.
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Answer #4
980 votes
first and foremost "A" is required to apply for Anticipatory Bail. If the FIR has been lodged in the State of Uttar Pradesh, then "A" will have to directly approach the Hon'ble High Court under Article 226 of the Constitution or under Section 482 of Cr.P.C. further comments could be made only after looking at the contents of the FIR.
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Advocate Rohit Kumar Singh

Adv. Rohit Kumar Singh

LawRatoDelhi | 5+ Answers
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