need ur advice
AMIT BAKSHI
(Querist) 21 June 2016
This query is : Resolved
I am Chief engineer in merchant navy constructed a house in AMBALA and given on rent ,but with in 3 month my tenant intention changed and stop paying rent .I filled a case in court and won it.
Now to take revenge he filed a false criminal case against me and my father that we have beaten him .I just want to know how the case can be register against me and my father just on a basis of false story with out any evidence, with out any police complaint.
He just want to fed up me from court cases.he has a false medical report clearly saying no injury,no blood,no swelling.I think he aapproach govt hospital doctor for false medical report MLR but may be doctor refuse to give him false medical report and hand him over actual medical report saying nothing.
1.I just want to KNOW how a criminal case register on this MLR.
2.think for last 4years iam living mumbai but court is sending my summon on my native place ambala .besides telling by my father that he is not living here ,now court has issue warrant against mein proclaim offender.
3.the date he mentioned in court case at that time i was in Mumbai .I HV bank statement of withdrawal from my ATM. I HV approach bank for CCTV footage but they refuse to provide me with out police letter or saying the footage is of 3yrs old may be not available.
4. My tenant is very clever he filled a affidavit in court that his income is very less so he got free advocate from court .I HV approach court department but they say that he had summit a affidavit on that basis that HV given him free advocate. Ihv filled RTI in income tax but they say we cant provide income details of anyone. He is very rich having a car but availing free advocate facility.
5.every time he avail free advocate and I HV to spent thousands of rupees for advocate like for my house case I HV won in session court as he is getting free advocate he appeal in district then high court .how to stop him because until he has nothing to pay from his pokets he willkeep filling false case on me one after
6.as I am working in merchant navy I cannot left my job please advise me how to handle the problem created by this clever person
Amit bakshi
dev kapoor
(Expert) 23 June 2016
Hello Mr. Bakshi,
Your narration speaks about laconic procedural laws in our country.Perhaps a large number of people have this kind of grouse-genuine indeed.The courts taking cognizance in a criminal complainant have no gadgets/rudder etc to pre-judge whether complaint is false or true.
Procedure is very simple.You present a complaint before a Magistrate showing the commission of an offence,cognizable/non-cognizable.He has to record a formal statement of complainant/witness and issues summons.At this stage he has not to hear accused persons.On the appointed date of hearing when accused appears he has to be bound down for attending court during trial for which the Judicial Magistrate may obtain a bond.If aggrieved an accused can challenge 'taking of cognizance' by Magistrate in High Court for quashing proceeding in lower court.
Or file an application for 'dropping of proceeding' at pretrial stage.This can be done only by advice of a criminal lawyers as a layman and others may not be aware of these intricacies of criminal laws.Tendency of filing false case in this subv continent is on the rise and there are no means for plugging it.
You can assess your case in the light of above.
Rajendra K Goyal
(Expert) 23 June 2016
You have to defend the case against you.
Discuss with your lawyer.
T. Kalaiselvan, Advocate 
(Expert) 25 June 2016
As rightly opined by expert Mr. Dev Kapoor, you should follow the steps he suggested or else you may be forced to face the legal consequences due to your lethargy and non-appearance before court.
