swapnil (abc) 14 March 2015

Fake case u/s 354 ,509,506 ,34

my step mother has booked me and my maternal uncle under fake charges u/s 354,509,506,34

she has made conspiracy against us using some money power and political support,

following incident took place

1) she gave a fake complaint application against me in police station ,so police inspector called me for taking my statement on this, we then requested police inspector not to call my step mother to police station while taking my statement, but he did not listened to it

so, when i went to police station, while taking my statement my step mother came inside police station and started beating me and my maternal uncle after this next day she registered a fake case against me and my uncle under above section so we took anticipatory bail.

during this my right ear got damaged and my ear drum broke. we have medical certificate of this.

2) for this we gave application to NATION HUMAN RIGHTS COMMISSION so NHRC ASKED FOR ACTION TAKEN REPORT within 4 weeks from city police commissioner but, even after 4 weeks no report has been sent from police department,

now the thing is investigating officer has filed a chargesheet in court now if we accept chargesheet in court , investigating officer will sent report as "matter is in court" TO NHRC , so NHRC will probably take no actio.

please suggest me what should i do , should accept chargesheet in court or should i not go to court.

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4 Replies

swapnil (abc) 14 March 2015

sir notice was sent by investigating officer to come to court shall i go to court or not go to court.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 14 March 2015

Sir, You have to appear in the court, otherwise you bail could be cancelled..... If you have good ground then file quashing of the FIR to the concerned HC ...... Regards Kapil Chandna Adv 9899011450

BHUWAN RAJ 09839268489 (lawyer) 16 March 2015

Dear

If chargesheet has been submitted in court, then u can challenge the entire proceedings including chargesheet under section 482 Cr.P.C. in the concerned high court. While if the chargesheet has not been submitted in court then u can challenge the FIR only under article 226 of the constitution of India by filing a writ petition in the concerned high court.

Regards

Bhuwan Raj, Adv.

Cell: 09839268489.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 17 March 2015

The chargesheet cannot be challenged unanimously. There has to be enough ground to challenge the same.

Also now that the chargesheet has been submitted, the High court concerned will anyway ask you to argue the matter at the stage of framing the charge instead of filing a quashing.

The landmark judgement oin this is the Bhajan Lal vs State judgement. But the same may or may not be applicable to u. Which state has this FIR been registered in?