False 156(3) fir u/s 452, 384,323,327,504,120b of ipc
Mohit
(Querist) 15 April 2014
This query is : Resolved
Please advice me regarding my friends legal problem. He has a sister who was staying with her husband at rajasthan. and my friend lives in Assam. in in early 2013 he came to know that his sister is very ill and he went to meet her. There he came to know that she is being tortured by her husband and not given medical treatment due to which she is in very serious illness. He took her to doctor and after about 2 weeks of treatment with high power steroids she was able to walk on her feet and then my friend took permission from her husband to take her to assam for some time to take her proper medical care. But husband said that if he gives money only then he will allow to take her. At this my friend agreed and took his sister to Assam where the husband's father mother lived. My friends sister lived with inlaws family for about 2 months and all her medical treatment was done by my friend. after 2 months they said that now give money and we will send her back to husband. At this my friend showed his unableness to give money. Then the inlaws drove her out along with her 2 children ( aged 3 years and 9 years) and she came to brothers paternal house where her parents and brother (my friend) lives. My friends family tried to have social talks for few months so that matter can be resolved but the husband and inlaws came to my friends home and assaulted his sister and threatened to destroy her life if they are unable to pay money.
The husband after that even filed a RCR case under HMA sec 9 and 26 at rajasthan to falsely show that he wants that his wife should stay with him . When the notice came to sisters home they consulted lawyer and lawyer after hearing all the story advised to file FIR u/s 498A and also a DV case. At present both cases are pending. Police has not arrested anyone in 498A as they say that husband is in rajasthan so when he comes to Assam then only inform the police station and then they will arrest him but they cant go to rajasthan as they dont have any time for that and they will not arrest inlaws because prime accused is husband and inlaws are aged so they will get bail next day so they dont want to waste time in arresting inlaws. At present about 8 months have passed from the date of FIR but no one is yet arrested and nothing is happening on that FIR.
Regarding that DV case , his lawyer served notice oply at Assam address and not at rajasthan address, on the first hearing the husband did not came. The lawyer says that let us wait for second hearing even if he dont come then then we will again serve notice on him at rajasthan address. His sister has demanded maintenance . residence order and compensation under DV case. Till now no maintenace is coming to his sister and after bearing expenses for more than 1 year for his sister and her two childrens education and other needs he is now in very critical financial condition.
They are going to rajasthan in family court case under HMA sec 9 and 26 in every hearing and nothing is happening there also. In going and coming to rajasthan they are spending 12-13 thousand in every hearing and getting bankrupt in this process. They applied for maintenance in the family court in previous hearing but in the next hearing due to some reason judge didnt had time so he gave next hearing date and again nothing will happen for next 2 months till next hearing date. My friend is getting financially and mentally frustrated in this process.
And in his previous hearing when his sister applied for maintenance to family court at rajasthan, the husband filed a false case against my friend and his father that they came to his home in the evening on the date of hearing in family court and snatched his gold chain and robbed money from his purse and assaulted him and threatened him for withdrawing the case . This case was filed as 156(3) with magistrate u/s sec 452, 384, 323,327,504, 120B of IPC and magistrate ordered an investigation of the case to police . In that hearing us 9 and 26 of HMA only my friends father went to rajasthan and my friend was at assam in his office but the case by his sisters husband named my friend also and accused.. My friends father then visited the police station and gave his statement that her daughter have filed 498A case and DV so to harass her this false case is filed and also showed my friends badging report ( the electronic access card report which shows access to in and out of the office building ) which shows him present at office in assam. But that report is a computer generated report without any name of the employer or sign or stamp. Employer is saying that their HR is not authorised to give anything written on letter head that he was present on that day. They say that they have given the badging report and that is what they can give at maximum. There are CC TV camera also in office but office says that they dont preserve it for long and as it is already more than a month so they dont have the footage.
Now please advice on this matter how to save from this false case and how to deal with the HMA RCR case against the sister and how to handle the 498A and DV case which is going on without any result.. Please note that my friends financial condition is now very bad and his sisters children needs to get admitted to higher class after passing their exams but they have hardly any money now .. further his sister is also getting continuous medical treatment which is also having a lot of cost... My friend has a family consisting opf father mother wife and little son . his sister is just class 8 pass so no chance of any job for her so she is having no income at all.
Additional Q 1: But if he show his attendance report in office at assam, then will the case be dropped by magistrate ?? or the magistrate will order that trail can be started because the complainant will appeal to magistrate to order the start of a trial of this case so that they can drag it for 4-5 years ?? because if trial is started then it will cost a lot of money and time which my frind cant bear now due to waek financial condition. So please suggest what should he do to get the complaint quashed by magistrtae instead of starting of trial?
Additional Q 2 : also does my friend have the right to appeal the magistrate and the police to take finger print sample of the door and the purse so that it can be proved that he has not even touched the door and the purse of the complainant?
Please advice.
Thanks & Regards
Mohit Singh
Assam
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 April 2014
Though gender biased laws are very draconian but still there are many escape routes due to contradictions in the complaint and many technical issues.
All the complaints will have to be seen for proper line of action.
Devajyoti Barman
(Expert) 15 April 2014
All the cases will have to be fought with its respective merit.
Meet a local lawyer with all papers. ONLINE HELP WILL NOT DO.
Kundan Kr. Singh
(Expert) 15 April 2014
Don't worry Mr. Mohit.You have filed a case in ASSam so they have lodge false FIR against you.In legal you can say Counter blast case.
If you will take legal action police will not do any thing because he knows this is a false case,they can't prove in court.
You have filed only 498 A Ipc, you can add S/406 IPC also.pursue the matters carefully and wait and watch.Every thing will be OK.
Thank you.
Mohit
(Querist) 15 April 2014
But if he show his attendance report in office at assam, then will the case be dropped by magistrate ?? or the magistrate will order that trail can be started because the complainant will appeal to magistrate to order the start of a trial of this case so that they can drag it for 4-5 years ?? because if trial is started then it will cost a lot of money and time which my frind cant bear now due to waek financial condition. So please suggest what should he do to get the complaint quashed by magistrtae instead of starting of trial?
Mohit
(Querist) 15 April 2014
Does my friend have the right to appeal the magistrate and the police to take finger print sample of the door and the purse so that it can be proved that he has not even touched the door and the purse of the complainant?
Devajyoti Barman
(Expert) 16 April 2014
Let the Police submit charge sheet first.
If it fails to give proper evidence, you can apply for reinvestigation.
Surrender K Singal
(Expert) 17 April 2014
Good assuring advice from KKS and DB; All the best, have faith in Indian Judiciary;
