Legal Defense Under Charges Of Theft

I need help understanding IPC 379 which have been filed against my brother. My brother's documents were used & sim was allotted to someone else (criminal intention). Now when the sim was inserted in a stolen mobile, police might have got the information of sim. The police visited our house and we had to bribe them to get out of trouble. But 2 years later police again came with an arrest warrant & now the case has been running in court. There have been no summons issued. How can we get out of this?
Posted 1 year ago  | 
Criminal Defense
Criminal Defense

2 Answer(s)

Rashi Gahlaut
Advocate

File a writ petition in the high court for stay of arrest and quashing of FIR registered against your brother.

Asad Mahdi
Advocate

A good idea at this point of time would be to file a case against the sim distributor for issuing sims on your documents without your consent, once such facts are proved, you can use this judgement in your current case also theft is a compoundable offence that is the owner of the property can enter into compromise with you and drop the charges.

Sadly, till date there is no way of tracing how many sims are issued in your name but with biometric data required for buying sim from 2016,the situation will certainly improve.