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Quashing of FIR in 406 filed in a complaint case under 200 UNDER
25-Apr-2023 (In Criminal Law)
As an education consultant, a client approached me for Canada study. He paid us money through bank. We, got him offer, did all regular procedure and even sent him to Embassy where he was refused twice as the Embassy was not satisfied about his intentions and doubted him to stay there only post studies. We incurred all the cost and paid fees everywhere and even returned part payment. But he tried to recover all money by making complaint under 200 and but wanted all payments. The MM did not care our side and closed case sine die by ordering Police to investigate and register and arrest only if the police feels it is necessary. But the police filed FIR under 406. We applied for anticipatory bail and were granted interim bail as IO submitted the CD but did not appear twice. The ASJ questioned why 41A was not served. The IO remained absent and a warrant is issued for him. Now he wants me to come and appear. Should I go or wait till the next date? Can I go for quashing the FIR?
If the summons has been issued against you by the court then only you should appear before the court. And you can always go for quashing of the FIR before the High Court on the ground that the case was not taken up seriously and the investigation is complete and that’s why your name should be removed from the said FIR. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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hello client as i can see your issues is an problamatic situation . in your matter we can bring you out of this while issue infact this issue is not ariginal it has been created to recover the money as per you naration of your case. in your matter the report which IO has prepeared we need to see tht so we can get certain things comfirmed as what is the intension of thw complaint and I O together . in fact as your concern is to get permanant relief thg you will get .
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Adv. Vishwanath Pratap Singh
Adv. Vishwanath Pratap Singh
Delhi | 1000+ Answers
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yes you should appear before the Court. don't avoid it. You can always go for quashing but there is always a possibility that the High Court may ask you to face trial instead of quashing. If you have got anticipatory then don't need to worry.
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Adv. Akash Vajpai
Adv. Akash Vajpai
Delhi | 25+ Answers
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Your personal appearance is not required as far as your Advocate is marking appearance on your behalf. Yes you must approach the hon'ble high court to get the fir quashed as it is baseless and flimsy. You must also request the hon'ble high court to proceed against the police personnel who misused his authority to harass a responsible citizen.
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Adv. Sujeet Notwal
Adv. Sujeet Notwal
Delhi | 400+ Answers
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PLEASE REFER TO THE ANSWER POSTED PRIOR TO THIS ANSWER
2. How the magistrate ordered for the investigation under section 156(3) is also of primordial importance. A revision as to the order can also be sought from the court in continuation of the quashing proceedings
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Adv. Yuganshu Sharma
Adv. Yuganshu Sharma
Delhi | 700+ Answers
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