• Guidance on a pending criminal case and police enquiry

Dear All,

I would like to seek advice regarding a criminal case filed against me in 2014 by the CCB Chennai police. The case (under Section 420) pertains to allegations of forgery related to a university certificate.

I have been on bail since the case was filed, and no significant progress or actions were taken until recently.

A month ago, I received a call from the police, asking me to visit the Chennai Commissioner’s office for an enquiry. It appears that the case has been reassigned to a new team, but as of now, no charge sheet has been filed.

I have several concerns and questions regarding this situation:

Should I engage an advocate for this enquiry?

What is the proper procedure for the police to summon me for an enquiry? Should they issue a formal notice, or is a phone call sufficient?

How can I protect myself from the possibility of false charges or arrest during this process?

Since my previous advocate is no longer available, what steps should I take to appoint a new advocate to handle this matter?

And is there a way to check if there was any Warrant issued against my case ?

As I am currently working in the IT sector, I am concerned about sharing any professional details with the authorities, fearing it may impact my career.

What information am I obligated to share, and what are my legal rights in this scenario?

I would greatly appreciate any insights or suggestions to navigate this situation effectively and safeguard my interests.


Thank you in advance.
Asked 18 days ago in Criminal Law
Religion: Hindu

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14 Answers

You should engage a competent lawyer and should act under guidance of appointed advocate. You should also check status and orders of court in the case in order to ascertain the facts and status. Police may issue notice under section 41 cr.p.c.(35 BNNS 2023) calling accused to join investigation. Police can also directly call accused to join investigation. if authorities demand then you have no option but to provide all informations to police and authorities. 

Siddharth Srivastava
Advocate, Delhi
1415 Answers

1. Yes, better engage an advocate.

2. Phone call sufficient.

3. Need to know the history of the case and the bail order.

4.  As you said chargesheet not filed, you can engage an advocate now after having a dialogue.

5. Again, as chargesheet not yet filed, there won't be any warrant.

6. They can discover if required. Don't get scared too much on this.

7. Question is vague.

G.Rajaganapathy,

Advocate,

High Court of Madras.

Rajaganapathy Ganesan
Advocate, Chennai
2229 Answers
8 Consultations

they should notice under section 41 A of cr pc for inquiry 

 

2) there is no automatic arrest 

 

3) your statement would be recorded . police would after inquiry submit charge sheet to court or closure report 

 

4) if there was warrant issued against you then police would have visited your residence 

 

5) you should deny that certificate was forged 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7852 Consultations

  1. Police will not call you if any warrant is pending, they will comm and arrest you. Still you can check in the Court where case is pending if any NBW is issued.
  2. Police can call any person connected with case but it can be done only by issuing proper notice.
  3. You are not bound to furnish any information if you do not want to share.
  4. It is safe to engage a lawyer to take care of any complications.

Ravi Shinde
Advocate, Hyderabad
4267 Answers
42 Consultations

Since you are already on bail you can be summoned by police for further inquiry, phone call is enough, if you don't respond then the police may even apply for cancellation of bail 

You can engage the services of a new advocate also if your previous advocate is not available.

You have to divulge with the information sought by police whether they are your personal or case related alone because failure to provide the information sought they may give an adverse information in the charge sheet which would impact your case against you.

You need not worry about visiting police station at this stage.

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

Thanks for your appreciation 

 

you can engage a lawyer if you so desire 

 

you can engage a new lawyer 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7852 Consultations

Dear Client,

Under the 
new Bharatiya Nyaya Sanhita, 2023 (BNSS), it is now of utmost importance that one should take the notice seriously and hire a competent lawyer as soon as possible to protect their rights because new provisions are more formal procedures. Under BNSS Section 175, which was CrPC Section 41A earlierpolice must give formal notice; a phone call is not sufficient. Your lawyer can also trace any outstanding warrants against you and accompany you to the inquiry to prevent arbitrary actions since arrests now must be accompanied by written justificationsDisclose only case-relevant information and assert your right against self-incrimination. Your lawyer will also help minimize the impact to your career if disclosure to your employer becomes necessary. Acting promptly ensures the law is complied with and, therefore, your interests safeguarded effectively.

Hope you find this answer beneficial for resolving the dispute.

 

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

- If you are on bail , then you can visit personally for enquiry.

- As per law, the police should issue a notice under section 41A CrPc and a phone message is not enough. 

-  Since, you are on bail then the police cannot arrest you on any ground even if you will not participate the investigation. 

- You can engage a new lawyer , as the charge sheet is not filed before the Court. 

- If you are on bail , then why you are worry for arresting in the same case. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

You can very well engage a new lawyer to fight your case in furtherance.

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

Yes you can engage the lawyer by giving vakalatnama to the new lawyer.

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

  1. Engaging a Lawyer: Yes, bring a lawyer to the enquiry. Even without a filed vakalatnama, they can guide you during the enquiry.

  2. Summons Procedure: Police must issue a formal written notice (under Section 41A CrPC) for enquiry. A phone call is not sufficient.

  3. Check for Warrants: Verify any warrants through the local court records or via your lawyer.

  4. Protection from False Charges: Attend with a lawyer, remain cooperative, and avoid providing self-incriminating statements. Keep detailed records of the enquiry.

  5. Employment Concerns: Share only necessary personal details. You’re not obligated to disclose professional details unless specifically required.

  6. Next Steps:

    • Appoint a new lawyer immediately.
    • Respond only to written summons.
    • Request a copy of case updates or FIR details.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
333 Answers

Vakalath not needed now.

The counsel whom you engage can interact with the police.

G.Rajaganapathy

Advocate

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2229 Answers
8 Consultations

You are at liberty to engage another lawyer 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7852 Consultations

You can yourself go or also attend through your advocate 

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

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