Legal Question in Criminal Law in India
FIR against my name
I am a panelled value of a financial institute. My job is to submit valuation report of a property of the loanee before releasing the loan. Now few loanee are defaulter. As a result financial institute has lodged a FIR through court against all above loanees and my name u/s 420,406,438,374,34. However, I have not yet received any intimation from court or police station. Now my question is what should I do now and whether police will arrest me or not? Pls note that I am a female.
4 Answers from Attorneys
Re: FIR against my name
It is required to be seen as to what role is attributed to you in the FIR. Further, it is advisable, to obtain Anticipatory Bail from the court, to avoid arrest. Next, if grounds are made, then in that case, you can move the High Court for quashing of FIR against you.
However, your case prima facie appears to be clear. Cause as a valuer you have to give true valuation report of the property, and the same has nothing to do with the default of the lonee. However, the FIR has to be perused to give you exact details.
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Re: FIR against my name
Apply for anticipatory bail.
Re: FIR against my name
In cases where Court directs an investigation u/s.156(3) Cr.P.C. and police registered an offence in respect of a cognisable offence, then police can arrest an accused without warrant. However, it will be discretion of police to arrest an accused depending on facts and circumstances of the offence.
With regard to provision of arrest, there is no distinction between male and female and both can be arrested by police in the course of investigation of a cognisable offence.
Re: FIR against my name
Please contact a local lawyer and file an anticipatory bail.
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