False criminal charge on basis on statement under section 161
I am A4 in one case .my friend(A1) kidnapped one mnior girl .my friend (A1) surrendered before police station after one year .and police booked false case aginest me (A1 sold the gold with help of A4). But I did not help the A1. I am staying In Hyderabad. My friend is staying in XX. In 164 statement of victim my name is not mentioned. Only 161 statement my name is mentioned. I got a stay from High Court (not to arrest). Criminal pettetion of 2014. High court Hyderabad. My lawyer told me now you can go any where. I applied quash after chargesheet finished. But my lawyer not applied for quash petition .I am not attending the court from 2015 to till date. NBW issued against A4, separated my (A4) case. A1 and A2, A3 attend court regularly. Presently, I am in Saudi. Some people are telling POSCO Act is very dangerous. Police are given warning to my uncle. They are telling we will block A4 passport. In case of A1 A2 A3 case compromise. Court A4 case removed or not? Which statment is valid 164 or 161? Courts any rights to block my passport?
Both 161 and 164 ststements are valid.. The only difference is that 164 cannot be rebutted as it is given before the Magistrate directly and duly rcorded by thereby and form part of Court record. But 161 can be challenged and rebutted as it is a statement given to the police officer during investigation of a criminal case.
From the facts stated in your case, I could understand that your case is seperated because of long pending warrant against you, since you have stopped attending the case.
Pocso case is serious in nature..It comes under the category of cognizable offence. The court can interfere with your passport once you come here..Anything further you can contact me.
Speaking legally, issuance of NBW is something serious. The next step will be definitely blocking your passport. You need to come down and attend the proceedings – in order to know the latest developments in the case. Or appoint an advocate to represent you in the concerned court of law. Because once you are declared Absconding then it will be difficult for you and your family members to turn up in India. POSCO covers serious offences and enlist severe punishments.
Apply for quashing of F.I.R. as per Section 482 of the Criminal Procedure Code. Because if F.I.R mentions your name and you are not appearing in court – it creates an offence. Compromise in such cases of kidnapping a minor is difficult. Also, you are being issued an NBW then its something more than your name just in the Section 161 statement. The state does not allow generally.
Statement recorded under Section 161 of Criminal Procedure Code is statement of witness whereas the statement under Section 164 is the statement of the person commitiing the offence or rather the acceptance of committing offence by him/her.
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