Criminal Law

BPCL submitted false and fabricated materials as a piece of evidence: Can I initiate a criminal proceeding against BPCL?

I am a dealer of Bharat petroleum corporation ltd and running a petrol pump for 56 long years with clean records. I was not paid the LFR / commission for 25 years as agreed by BPCL which was paid for the first 2 years at the time of resettlement and quoting the Policy had withdrawn. The value of the LFR amounts to 2 crores with interest. The BPCL officials forced me to lease out the land which I was not willing to do. The Territory manager stopped the supplies on 23.06.2022 and asked not to use the facilities like pumps, tanks and equipment belonging to BPCL. They planned to expel me from my property and to operate the petrol pump under Company controlled basis.

On 01.07.2022 I remove the facilities/ items like Pump, Underground tanks, electrical item belongings of BPCL and kept outside the licensed premise and informed BPCL to clear the items which valued ₹ 17,31,138.00 as per their records and informed to clear the items with in 15 days which was not taken yet. Now the BPCL filed a damage claim for ₹ 17,31,138.00 in the civil court.

A valuation certificate was produced by the BPCL by the manager engineers Mr. Rupam quoting that the items were inspected by visiting the retail outlets site on19.09.2022 and certified that all the line items mentioned in above are not reusable and damaged beyond repairs.  

We claim it is fabricating false evidence, false entry in any book, record, document, containing a false statement. This certificate is produced before the court for evi­dence in a judicial proceeding. He is a public servant. Whether we can file a criminal case in the magistrate court against him.

Justification: The said removed items were not in the premises as mentioned in the certificate. The premises were locked with CCTV and a security guard. The certificate was given to ₹17,31,138.00 of the entire value of items quoting which were damaged and beyond usable condition. The list of items varies physically as time to time replaced items are not updated by BPCL in their records and this proves that the certificate was done on their table. We have enough evidence to prove the same.

Kindly guide us in the matters whether we can file a criminal complaint against the Engineer and Territory Manager who instructed us to do the inspection as claimed by engineer Mr Rupam.

Discharge application has rejected in prevention of corruption act

I was caught accepting a bribe through a trap set up under the Prevention of Corruption Act, 1988. An FIR was registered against me under sections 7/13(2) and section 13(1)(d) at Police Station XXX. The trap was laid by Inspector R.P. Gupta. He submits a charge-sheet. Later, the I faced charges under the same sections, but my application for discharge was dismissed by the Trial Court on August 18, 2022. What to do?

Investigation is conducted by police inspector in prevention of corruption act

As a doctor assigned to the XX Primary Health Centre in Bahraich district of Uttar Pradesh, I was apprehended by a vigilance team during a trap operation. Although no evidence was found on my person, the team had no formal authorization to conduct the procedure. It appears that the police inspector who orchestrated the trap had a personal vendetta against me. Fortunately, I was granted bail by the special court. Now, I am seeking advice on how to challenge the charge sheet that the police officer has submitted after completing the investigation.

Restaurant owner is threatening me to lodge FIR for robbery

Yesterday, I went to a local restaurant with my friends for a party. However, during the party, some troublemakers started interfering and began scolding my friends. This led to a fight breaking out between us, causing significant damage to the restaurant. The restaurant owner called the police, who arrested two of the troublemakers.

Now, the restaurant owner is threatening to file an FIR against me for robbery, mischief, and loot. I am concerned about this because I did not engage in any criminal activity. I believe that I am being wrongly accused due to the actions of the troublemakers.

I plan to consult with a lawyer to understand my legal options and defend myself against any false allegations. Additionally, I may try to reach out to the restaurant owner and explain my side of the story in the hopes of resolving the situation amicably. It is important to me that my name is cleared and that justice is served for any criminal activity that may have occurred during the incident.

My friend has taken loan on my name

My friend has taken a loan my name and he is threatening me to pay its EMI otherwise he told my details to the bank and initiate legal proceedings against me. I am astounded to hear this, I am an innocent person. He has used my name, pan detail, Aadhar number and my mobile number. That loan is sanctioned by a local company on the phone. All verifications have been done without my knowledge.

Accused has file a case in the high court for quashing of FIR because civil suit is already filed for recovery of money

Accused has file a case in the high court for quashing of FIR because civil suit is already filed for recovery of money which I had paid to the accused for the purchase of land. The accused is doing a real estate business and also a registered broker under the RERA. He has executed an agreement to sale for a piece of land and took nine lakh rupees as an earnest money. The earnest money was refundable if the accused failed to provide that land. He failed to provide that land because someone has taken possession over it. As per the agreement he has given me three cheques with gross amount of nine lakh. All three cheques were bounced.

I filed a criminal case against him under section 138 of the negotiable instrument act. In the meantime I have also filed a civil suit for the recovery of money which I have paid in the compliance of the agreement to sale. Later on I came to know that he had sold that land to someone (who has taken possession over the land) in 2014. Despite that he has signed an agreement to sale. I filed a case for cheating against him. He has approached the high court for quashing of FIR. Please suggest what to do in this case?

Fell in love with another girl after engagement

Eleven months ago, my parents arranged a marriage with a girl whom I did not like. However, I accepted their choice and we had consensual physical relations twice. Five months ago, I fell in love with another girl with whom I have good compatibility and wish to spend my life with. I have informed my parents of my feelings, but they do not agree, and the girl and her family are threatening to accuse me of physical harassment. The girl is also threatening to commit suicide. I am concerned about being held accountable for rape charges, although both instances of physical relations were consensual. Our thoughts and mindsets do not align, and I cannot compromise my own happiness or ruin her life. What are my options?

Wife filed a criminal case to compel me for divorce

My wife filed a false case because she wants divorce from me. Therefore, she wants to compel me for divorce through the filing of such a false case. She has an extra marital affair with her classmate to whom she wanted to marry. I have a baby aged about two years therefore, I do not want to divorce because then she may take away my baby from me. She is very shrewd and master in making plans. Just after the marriage she went to college for completing her post graduate degree and remained there for three years by deliberately getting supplementary and back papers. Actuallty she lived with her paramour during the completion of the post graduate degree.

After coming from the college we planned for a baby and in 2021 a baby born out of wedlock. She never wanted a child and she tried her best to abort the child. But my persistence efforts she begot the child. She filed a false case against me knowing that I am innocent. That criminal case has been filed for the offence of cruelty and marital rape. However, no such act I committed against her. What should to do in this situation?