Community › Forums › Legal Advice India › Urgent: My sister got into transit remand order and police will take her to odisha from delhi tomorrow
- This topic has 11 replies, 8 voices, and was last updated 1 year, 3 months ago by
Megamaster2414.
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AuthorPosts
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UUser_20f01018
PARTICIPANT
March 5, 2025 at 4:16 pmHi i need urgent help and guidance. Yesterday police came to my sister house from odisha (EOW) to arrest her and they kept her in local police station whole night and in morning they took her to saket court to get transit order which make them to take her odisha tomorrow 5pm by train (its 26+ hour journey). As she is not in good health condition i want to stop police to take her to odisha which might cause serious health mental issue.About the case: Some scam happened in odisha of around 90 lakhs few months back. From that 10 lakh transfer to some company in jaipur and that company transferred 3.82 into my sister account.
My sister’s friend gave loan to someone (have all the proof) and that guy transfer 3.82 lakh (loan amt) to my sister account and my sister transferred entire amount to her friend just 1 lakh seized by bank already. So she didnt even know that was fraudester money and now she got trapped and right now she is in odisha bhawan in delhi and tomorrow they will take her to odisha. I still have around 20+ hours to save her. Is there any way i can stop police to take her. We are not guilty but still we are still ready to pay 3.8 lakh to complainant. Any help here?
Original order text:
Chief Judicial Magistrate,
South-East District,
Room No. 516, 5th Floor,
Saket Court Complex,
New Delhi.
Ref: the Hon’ble Court of S.D.J.M. Bhubaneswar, Odisha:
Odisha CID-CB Cyber Crime PS u/S 419/420/465/467/468/471/120-B/34 IPC r/w Sec 66(C) / 66(D) of Information Technology Act.
Sub: Prayer for Transit Remand.
Madam,
With due respect and humble submission, I beg to state that on date
23.02.2024, the above referred case has been registered on the written report of the
informant/victim — , At- Jagannath Bhagirathi
Enclave, Saileshri Vihar, Bhubaneswar, P.S. Chandrashekharpur, Dist. Khurdha. The
case reveals that he is an employee in a private firm. His Mobile Number
— was added in an unknown WhatsApp Group namely “101 Stock
Discussion Group” led by alleged Professor bearing WhatsApp number —
and other associates for providing tips and guidance on stock trade, IPO etc. Then
they shared two web links where the complainant registered himself and as
persuaded by the fraudsters, he has deposited a sum of Rs. 87,48,554/- (Rs.
79,48,554/- from ICICI Bank, Rs. 7,25,000/- from AXIS Bank, Rs. 25,000/- from
Kotak Mahindra Bank, Rs. 50,000/- from HDFC Bank accounts into the fraudsters
Indusind, PNB and other bank accounts in multiple transactions on different dates.
On this report the above referred case has been registered and is being investigated
into by me.
During the course of investigation, the IO has examined the complainant and
seized necessary evidences from him. Under proper requisition the IO has obtained
the transaction details from the concerned banks. Upon going through the account
statements in respect of the bank accounts of the complainant —– having
account numbers: —– (ICICI Bank), —– (AXIS Bank),
—– (Kotak Mahindra Bank) and —– (HDFC bank), it has
been found that the he has transferred money to multiple Indusind and Punjab
National Bank accounts being cheated by unknown fraudsters. Further the money
has been transferred to several other bank accounts in multiple transactions.
In the above connection from the analysing the bank statements it is revealed
that on dated 01.02.2024 an amount of Rs. 10,00,000/- (two transactions of Rs. 5
lakh) fraudulently transferred from Complainant’s ICICI Bank A/c- 083701500082 into
fraudster’s PNB Bank A/c- —–, Srikaranpur Branch, Jaipur standing
the name of —– and out of which the fraudster subsequently
diverted a sum of Rs. 3,82,000/- on the same date i.e. 01.02.2024 into AXIS Bank
A/c- —–, —– Branch, New Delhi standing in the name of —–. Hence, the IO along with the investigating team proceeded to Delhi for further investigation of the case.
On dt.04.03.25 the IO along with the investigating team being assisted by the staff of —– PS apprehended the suspect —– by Female Police personnel and brought her to —– PS. On being examined about the credit of Rs. 3.82lakh to her account, she couldn’t give any satisfactory answer. Hence, her involvement in the case has been ascertained. As prima facie evidence u/S 419/420/465/467/468/471/120-B/34 IPC r/w Sec 66(C) / 66(D) of Information Technology Act has been well made out against —–, the IO has arrested her at 5:12 PM dt.04.03.2025 at —– PS, New Delhi adhering to the provision laid by the Law. A mobile phone, 2 SIM cards, one Adhar Card and One PAN card has been seized from the conscious possession of the accused and the seizure list was prepared in accordance with law.
Prayer for remand
Submitted prayer before the Hon’ble Court that, the jurisdiction of the Competent trying Court for the said Crime is the Learned Court of Sub-Divisional Judicial Magistrate, Bhubaneswar, State of Odisha, which is far away from the place of arrest and it is not possible to produce the arrested person —– within 24 hrs of arrest before the said Hon’ble Court.
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CCleversajal8453
PARTICIPANT
March 5, 2025 at 4:27 pmIt is unfortunate that you have to go through with this, your sister will be produced before the Magistrate at Odisha, there Police will seek further remand to interrogate her and you must remain present with a lawyer to oppose it and say that you are ready to cooperate with the probe.Offering money right now won’t help you, contact a good lawyer, preferably at Odisha who can navigate the complexities and get your sister out of it. Be careful to not pay exorbitant amounts for guaranteed reliefs, your sister may have to spend a few days in custody, which sucks, but the more you try to get out of it the bigger your problems will be.
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UUser_20f01018
OP
March 5, 2025 at 4:36 pmWe are prepare for this but as you can see in court order my sister is not involved in that scam in any way but still she is facing this also the main accused mentioned in report is unknown to us and the person who transferred money into sister account is the one who took loan from us and we have proofs (registered proof from police when our bank account got freezes )-
MMegamaster2414
PARTICIPANT
March 5, 2025 at 9:39 pmAll of that is for trial now. At the moment, focus on securing bail from Odisha court.
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SSaratseeker418
PARTICIPANT
March 5, 2025 at 4:31 pmConsult a lawyer.Firstly your story makes no sense. The reason for the money being in your sister’s account as stated by you sounds flimsy.
Secondly why was the remand not contested before it was granted ? Was no lawyer present when the remand was sought?
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UUser_20f01018
OP
March 5, 2025 at 4:41 pmyou can see the order. We opposed the order but the lawyer told us judge will deny because its a transit and in 99% cases judge grant remand. Its not filmy story
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HHappyshark11
PARTICIPANT
March 5, 2025 at 5:11 pmWhat you have reproduced is the application for transit remand, and not the order passed by the Magistrate. If order for transit remand is not yet passed, tell your advocate to strongly oppose the application and to file a written reply with all evidence supporting your case. Apply for bail as well.If you believe that the police has not followed the procedure for arrest, then you can consider filing a Habeas Corpus Petition before the High Court.
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AAshishmaster940
PARTICIPANT
March 5, 2025 at 5:31 pmThis is not order but application for transit remand.Oppose the same.Β
Move the transit bail application by mentioning at 10 am in concerned court.Β
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UUser_20f01018
OP
March 5, 2025 at 6:06 pmYes you are right its transit remand which was accepted by the court and they will take my sister to odisha tom evening around 5pm. They already got the permission
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SSmartlion2728
PARTICIPANT
March 6, 2025 at 7:20 amRoot cause of all the frauds are bank selling data to fraudsters ,
Yes this happening rampantlyOtherwise just think about it , how the targets are short listed and how the details are leaked.
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UUser_b2363cb8
PARTICIPANT
March 6, 2025 at 10:51 amI don’t think banks themselves do it, I think it is more likely the bank walas. Otherwise the liabilities-
SSmartlion2728
PARTICIPANT
March 6, 2025 at 12:05 pmIf the newly issued CC data is in hands of scammer itβs definitely the bank employees
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