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HWell there are many legal remedies to this situation but each one will end up costing you much more than the amount you lost in the fraud. Also, don’t expect police to put in much effort over such a low amount.HAs I have said in the main comment, he must read the terms and conditions of the auction first before filing any case. Also, auction based on symbolic possession is not considered a complete transfer of property since you can only transfer what you actually have. In such cases right and title to the property are transferred but possession is not since the secured creditor himself does not have physical possession. And the secured creditor still retains the right to recover physical possession of the property under S.14 of SARFAESI (there is a judgment of supreme court on this issue). That being said how complicated the case against the bank would be depends on the terms and conditions mentioned in the auction notice. Thats why any person buying property in auction from bank must do necessary due diligence.HWhat stage is the case at and how long has it been going? What is the crime? Ordinarily this will not be a ground for expediting the case, as there would be many people who are in similar condition. They won’t expedite your case unless you can show something exceptional in your case.HWhat stage is the case at and how long has it been going on for? Is the accused in police custody? This is does not seem like a fit case for expediting but if he is out on bail then you could apply for police protection. Also, if he is out on bail, then consider challenging the bail order in High Court.
I accidentally deleted earlier comment.
HWhat stage is the case at and how long has it been going? What is the crime? Ordinarily this will not be a ground for expediting the case, as there would be many people who are in similar condition. They won’t expedite your case unless you can show something exceptional in your case.HWhat stage is the case at and for how long has it been going on? Is the accused in police custody? This does not seem to be a fit case for expediting but if the accused is out on bail you can seek police protection or challenge the order granting bail.HSee there is no end to taking tension over it. The safest thing for you to do is to complain to police and let them handle it. You can try to threaten the guy first. But please only threaten him if you think he will get scared. There are many egotistical people whom if you threaten they think “How dare she threaten me?” and end up posting it immediately without thinking of consequences.Also, take this as a life lesson and never share nudes with any person.
HHow can you be so sure he has not already shared the photos with some of his close friends or that he will delete the pics if you decide to compromise? See if you are going to overthink and take tension over it, then there is no end to that. Compromising will only make things worse for you. Focus on what steps you can take to remedy the situation… to be frank if he really decides to post those pictures then there is hardly anything anyone can do to stop him. But the consequences would be far worse for him than for you. Also, cyber cell will immediately take down whatever photos he uploads.HWhat stage is the case at and how long has it been going? What is the crime? Ordinarily this will not be a ground for expediting the case, as there would be many people who are in similar condition. They won’t expedite your case unless you can show something exceptional in your case.HWhat you are talking about is called symbolic possession and not legal possession. Also, it is not legal for bank to auction property just based on symbolic possession. They are required to take actual physical possession of the property before they can auction it. There are many judgments on this issue.HThere are many reasons for this.1. Historical reason – Our legal system & courts originates from the British era. Back then the rule was death penalty and letting a convict live was the exception. As a result a lot of innocent people were put to death and overall there were too many unjust deaths. Due to this criminal procedure code has been changed multiple times and finally we were left in a situation where death was permissible (with safeguards like confirmation by High Court) but there was no real yardstick of when to give death penalty. Courts were very arbitrary in giving death penalty. Also, in older times catching the actual criminal was very difficult and it was a very common thing for an innocent to be framed for someone else’s crimes.
2. Rarest of rare rule – In such circumstances constitutional validity of death penalty came to be challenged in Bacchan Singh case. Here the Courts held that death penalty was valid but noted that there was no uniformity in awarding the death penalty and went on to say that only in rarest of rare cases death penalty should be given. Courts must consider the mitigating and aggravating circumstances of the crime. More rules have been added since then in a long list of cases making it very difficult to actually award death penalty.
3. Theory of punishment – Courts believe and follow the line of reasoning that reformation must be the end goal of punishment and not retribution.
Frankly speaking the current system when it was developed was the requirement of the time, but now with passage of time it is no longer suitable for the needs of present day. However, courts are bound by what was done by their predecessors and it is very unlikely that anything changes from the Court’s side. Government will have to step in through legislation if they want to get rid of the rarest of rare rule.
HIf there is urgency in the matter, courts will expedite the case. Take for example you got a notice from electricity department that your connection will be cut in 2 days. In such a case you can go to High Court and they will either grant you hearing within 2 days or stay the disconnection notice till the matter gets heard. Let us know if you have anything specific in mind on which you want advice?HReply to the Legal Notice and explain the whole situation to them. Also, visit their office and talk to them. If problem persists, you can send them legal notice and file complaint under Consumer Protection Act. Not completing installation despite multiple follow-ups is clear deficiency in service and sending wrong bills amounts to unfair trade practice. You will also be entitled to claim damages for mental agony in such a case.HWhether you get arrested depends on the exact circumstances of her death. If she names you in suicide note or her family blames you then the police will investigate it. That being said, simply breaking up will not amount to abetment to suicide. Other ingredients would be required for culpability in abetment to suicide. Please note that you can even get arrested at pre-trail stage during investigation, in which case you would need to take bail.
