Hi Anshu :
Once FIR is registered, the Complainant does not have control "to cut the FIR". After completing the Investigation the Police is duty bound to file Investigation Report before the concerned court. In case in course of investigation they find that your brother had no role they would not file chargesheet against him. In case they do then after chargesheet and before framing of charge your brother could go for discharge. Even at this stage your brother could go before the concerned High Court and make an Application for quashing of FIR under Sec 482 of Crpc. If discharge fails then your brother would have to face trial and get acquitted.
These are the options available. Which one is possible depends on the merit of the case for which one needs to study the papers. Do consult a lawyer with the papers.
Regards
Milind Kotak
On Sun, May 6, 2012 at 9:40 AM, anshu bansal <anshubansal2000@yahoo.com> wrote:
Dear Fellow members,
My name is Anshu Bansal and I am a member of RTI-USA chapter. Currently, I am visiting India on family emergency and returning back on May 16th. On my visit, I learned that my family in India is in little stressed (they didn't tell me this so far) since my youngest brother who is studying in BTech in Engineering in Dehradoon area has been framed in some wrongdoings by Dehradoon, police.
His name was intentionally added with real culprit. My brother's career is on stack since in return the Victim (who filed FIR) is blackmailing us and asking lots of money which we can't afford. if you guys will hear about the case, you guys would mock.
The case is about mobile theft and they (victim) is asking INR 5 Lacs to cut the FIR which is no way possible and not reasonable. Lots of good faith efforts has been established with the guy but didn't come out with any conclusion since victim knows that I live in US and our family can do anything to get this matter settled and pay them. This kind of money just for mobile theft is not possible for us and not justified. All this is happening because victim's family has some IAS approach in Dehradoon area. Thanks to all corrupted bureaucracy system in India which is very unfortunate.
Request from my fellow members:
If my fellow member could suggest what are the options we have here, would be great. I am hoping to get some traction on this matter before my return.
alternatively, if someone could help us in Dehradoon area, would be really appreciated. We dont know any police man or any IAS.
I will look forward to hear from my fellow members.My India number is 09212004117 (Please ask for me). In case of any valuable suggestions, Please shoot an email or call me.
Thanks
Anshu Bansal
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