QUASHING/DISCHARGE FROM CRIMINAL CASE UNDER IPC 420,424,467,468,471,201 & 120B

[Ashok Naganagoudar]

Sir, I Ashok B Naganagoudar a retired soldier from Indian Armed Force was arrested without warrant and giving any reason or ground for arrest from my residence at Mumbai at 2330 Hrs on 20 Jun 2016 from the MP Crime Branch Police after my friend stated in his Memo 27 Statement dated 22 & 25 Apr 2016 the from the fraudulent money he had paid a sum of Rs. 18 Lakhs for clearing loan dues and I was under Judicial Custody until 01 Feb 2018 and recently got bail after approaching twice to Supreme Court and in the second SLP the Supreme Court passed an order “Taking into consideration the attendant facts and circumstances of this case, we think fit and appropriate, that instead of adjudicating the matter by this court, we request the High Court to adjudicate the matter on its own merits and pass appropriate orders thereon” The Special Leave Petition is disposed of in the afire-stated terms.

Sir, being innocent I retired soldier was a victim of corrupt police officer. Sir in whole Final Report there are not single evidences against me which states I have prepared forge bills for for receiving fraudulent money to the tune of Rs. 6.33 Crores sir the accuse statement clearly states loan amount of Rs. 18 Lakhs was paid and my letter with bank statement of 2012 supports the accuse memo 27 statement and only on the basis of prosecution story i was made accuse and the CPU seizure memo was prepared on my name and also they never demanded CPU when both accuse and me use to share the same office and during the period of crime accuse office in Jun 2014 was located in different place even we have handed over the telephone bills to advocate for quashing the charges under section 482 of cr.p.c after framing of charges and the same was withdrawn by the advocate since the petition has become rendered infructuous, sir not a single lawyer wanted to take case against the corrupt police sir during the judical period in nearly 20 months i have gone through the CRPC manual and i found the code of criminal procedure were violated by police in arresting without warrant, issuing summon under section 91 and visiting other jurisdiction without informing local police commissioner or competent authority for investigation etc. Sir pls help me in filing discharge of case from Hon.ble Supreme Court. The retired soldier will be ever grateful to you.

Thanking you

[Dr. Ashok Dhamija]

It is not possible for us to help you on detailed facts of your case without having seen the detailed documents of your case (please see policy guidelines of this Forum). Only a lawyer who has actually seen full detailed facts of your case can guide you on facts of the case. So, please engage some lawyer, preferably a local lawyer, to handle your case for discharge petition and/or for trial.

Also, looking at the sections with which you have been charged (420, 424, 467, 468, 471, 201 & 120B IPC), some of such sections have maximum punishment of life imprisonment (such as Section 467 IPC). Therefore, police has the power to arrest without warrant in such cases.

Further, please also note that Section 48 of the Criminal Procedure permits a police officer having the power / authorisation to arrest, to make arrest even outside his jurisdiction anywhere in India. This section is reproduced below for your information:

“48. Pursuit of offenders into other jurisdictions.— A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.”

Likewise, a police officer conducting investigation into a cognizable offence (like the one against you) can conduct investigation at any place in India.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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