Fake case filed and accepted by gbn court, even the date for which fir is filed i was not in country
Yogi
(Querist) 23 July 2014
This query is : Resolved
This is to bring to to your notice that, I'm a resident of Mumbai and a guy who is resident of Ghaziabad has originally filed a case against me for kidnapping , which he along with bribed police person turned to 420 & 406 CPC during investigation as the date for which he filed that I had committed the crime, I was not in country (India).
Still the SHO filed chargesheet by creating fake evidences and using bribe in ACJM, Gautam Budhh Nagar, Noida.
This all has started because this guy got married to a colleague of mine who was forcefully married to him by her parents.
She was beaten up in a very inhuman way when she did not accept the marriage.
She was locked up in a room and was tortured mentally and physically by the boy and also by her(girls) parents. They tried and forced her to leave her job. When she came to know that they were planning to kill her (Honor Killing) and will show that she has committed suicide she escaped from there alone without anybody’s help on 3rd May 2013 from Agra (parents house) and not from the guys house(as mentioned in FIR).
These people (Guy and girls Family) lodged a false FIR that she was kidnapped for 50 lakhs jewllery and money by me and my friends.
Later the girls whole family and the guy came directly to Mumbai office along with Noida Police, on the pretext of taking the girls statement.
She gave written statement that she came out of my family because of the unbearable mental and physical torture. No one has influenced, pressurized or kidnapped her.
The police inspector also said this is a false case and the girl has given statement so he will close this case.
Later the girl was sent onsite (USA), and just because the guy feels that I am with the Girl in US, he has started harassing my family with all the false things and getting quick dates for hearing and sending out summons and stuff.
These people are politically and financially very sound and are bribing everyone to continue in the false case.
They have involved my family in the case and have bribed each and everyone in Noida court including the judge, to not even hear what we say.
Please help/advise me, As I am currently in USA and my family (Mom-Age 59 & Dad - Age 61) are suffering the wrong consequences because of this false case filed.
We are financially not very strong to fight against this injustice that is happening.
If I come to India to help my family, they will get me arrested and then in custody/or outside can do harm to me.
Also, Note the following steps have been performed till date -
1) September 2013 - Chargesheet files
2) My Parents applied for Quashing of chargesheet on their behalf - High Court provided stay for 45 days
3) My Parents applied for Quashing of chargesheet on their behalf - Supreme Court provided stay for 30 days
4) My Parents applied for bail and received Bail and have applied for exemption in Gautam Budh Nagar Court, Noida. - Result awaiting since last 4months the judge keeps on giving next dates and does not pass the order.
5) The guy has started pushing for my NBW now as I am not in country since the start, none of the actions have taken on my behalf as no summon, warrant has been ever served to me.
Please advise and let me know if any copy of documents or further information is required.
M/s. Y-not legal services
(Expert) 23 July 2014
As per the alleged fir, at the time of occurance you were not in our country.
It is a sound reason to quash the case. Just consult an advocate. And make it simple.
Yogi
(Querist) 24 July 2014
Thanks for responding quickly. Please note below -
I have not filed for quashing, however my parents had filed for the same as even they are involved in the FIR now and had raised this point.
Same was the case with the girl filing the quashing request but was denied.
The person is using some serious money and influence as it has been appearing in the outcomes.
However the judge mentioned as this case has been filed and accepted by the court let law decided the proper result for this and gave a duration of 45 days for surrender.
My parents have got the bail and are trying for exemption.
I am not filing for quashing expecting the same outcome and fear that I would have to travel to the country.
This has been conducting since August of 2013 and the guy is using money to get things against us legally if not he is delaying the dates and not allowing any outcome.
Now he is forcing for NBW against me, as I am out of country. Even though no notice summon has ever been served to me.
He even pressurized my company with the help of SHO recently to share my US address.
Devajyoti Barman
(Expert) 24 July 2014
Since you are in abroad, rest assured till you come to India.
hen you come to India, apply for anticipatory bail which is likely to be allowed. Get statement of the girl recorded u/s 164 crpc in court before you apply for bail.
You have concealed many things especially your involvement with this girl than you have disclosed here.
Yogi
(Querist) 24 July 2014
Hi Sir,
I mentioned the girl was a colleague and office friend and nothing related to the girls escape involved or was in my knowledge.
I can provide further details if that is a necessary input for the same.
My issue is if I travel to India and get a bail, still there are no hopes of getting this resolved, as the girl is abroad as well.
My parents who have nothing to do in this have been dragged and are still fighting for relief since last 10 months now.
Also, the girl is also accused in the same case, which was changed from kidnapping of the girl to 420/406 against me, my family and girl.
Devajyoti Barman
(Expert) 24 July 2014
You can do nothing except to take bail and work your job. Let the law take its ow course in its sue process.
Yogi
(Querist) 24 July 2014
Thank you Sir. Appreciate and respect your feedback.
Last 10 months, I have seen my parents suffer by travelling 1500 km every 10 days from Mumbai to Noida, as the date provided by the court is every 15th day.
Yet, no decision has ever been made to exempt them from the case yet.
If I come across and try for the process I may end up wasting my life and career behind all the process.
I am a working individual, no employer would allow me 3-4 days of leave in every 15 days.
This person who has filed a case against is localite and has no other work. He has lots of waste money, all he needs to spend is just local travel.
Me/My parents need to travel and we need supporting people as well. I feel you are not understanding my crisis here.
Some dates there are no train tickets available and I have to somehow manage flights. I have ended spending up my life changing savings, just because this person is a psycho and has no life to live of his own.
With the response of court taking its due process, I think you are indirectly providing a response that as I am a common weak entity, I should sacrifice my life for this.
Sad to know that there is no way that all the wrong/fake can be read/understood by the court.
Sourav Das
(Expert) 25 July 2014
dear client,
you have to file petition before high court u/sec 482 of CrPCfor quashing charge sheet and all the proceeding against you.
plea of alibi is very good defense.
sourav@lexrete.com
9910089698
Raj Kumar Makkad
(Expert) 25 July 2014
Invoke petition under section 482 of Criminal Procedure Code in the given case and get the desired relief.
V R SHROFF
(Expert) 25 July 2014
a FIT CASE FOR QUASH : FILE IN HIGH COURT.. TAKE POLICE AND OPP PARTY TO TASK..
T. Kalaiselvan, Advocate
(Expert) 26 July 2014
If what you have narrated is taken to be fact, you can file for quashing of charge sheet/FIR by providing the documentary evidences in your support.
Yogi
(Querist) 12 September 2014
My family had filed request for discharge under Section 239 which also got rejected.
Also, the SHO has now after 1 year of filing the chargesheet has added Section 120B in the charges by mentioning that he had forgotten to add this earlier.
I am completely lost on the way out from this. I agree to the experts who mentioned that I need to come to India and seek bail, and apply for quashing, but with same being rejected for my parents I am not sure how would this work out.
The guy who has filed this is using the power of money all way along, believe me when I say this.
Isn't there anything that I can do to prove the truth as I am feeling bad that my parents are suffering through all this for more than an year now.
I Plead for help!
Yogi
(Querist) 12 September 2014
My family had filed for quashing. The series of events have been updated in the main query.
Devajyoti Barman
(Expert) 12 September 2014
Unless you come to india and apply for bail the case u/s 498A against your case would become more deteriorated. DO not run away from law unless you have forsaken your motherland for good.
Yogi
(Querist) 12 September 2014
Hi Sir,
I am not running away from law, but my parents and I have been following it since last 14 months and have not got any relief or direction where we would be provided safety or surety that nothing wrong would happen against us.
My family has seen the guy bribing the people at court at the day of bail so that the decision does not come on that day, and as it was Friday, my parents would have to stay in custody for the coming days till the next date of decision.
There is a huge difference between what is correct and what is the reality and I fear that.
Tomorrow if that person kills me on my presence in the country who will feed and take care of my old aged parents?
I am facing this hence speaking so much wrong against my own system, but this is by experience and is what exists. Not sure of other states as my state Maharashtra, advocates say that the court would never accept such a case.
But in this is in UP, where everything works on names of politicians, locality and most powerful thing "MONEY".
Yogi
(Querist) 12 September 2014
I apologize for all the harsh words that I have said.
I do not disrespect any advocate or law, but this is what I have experienced. Not all are corrupt so I do not blame the community but people I have faced are.
I am highly depressed and stressed by this and do not see any way out right now and that is the reason why sought your opinion.
I need practical suggestions knowing what the situations are in UP courts.
T. Kalaiselvan, Advocate
(Expert) 13 September 2014
Since you are staying at abroad, you have no choice than to depend your advocate for further issues and pursual.
Raj Kumar Makkad
(Expert) 13 September 2014
As you are impleaded as the main accused person hence your presence in the case is required otherwise your family members shall have to suffer unnecessarily.
