(Guest)

False fir u/s 354...

One yr back , FIR lodged against my brother by his girl friend. Till now , Chargesheet is not filed yet by IO. we r trying to contact him , but he is delaying intentionally bcoz all the charges and allegations were false and fake. That girl was already in relation with several guys and she is blackmailing my brother. we have all the proofs in form of pics , videos , written letters , etc. 6 months back , on date , judge scold that IO also bcoz of not showing the proofs and investigation report in the court. We gave and showed all the evidences regarding her character in the Court. Earlier IO tried to help the girl but now girl is absconded from last 6 months and she lied to IO also in beginning. Now IO is realizing this. Now we r waiting for chargesheet to lodged in court so that we can proceed further as this case affect his professional & personal career both. What to do Next in this. Plz guide and advise us what is the next step we can take in this case. We want some speedy trial in this case so that case will get close asap & my brother will get clearance certificate from court for the case. Thanks in advance for viewing the thread.

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5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 19 April 2015

Sir, If you think its a false and baseless case go for quashing to the High Court .... Warm Regards Kapil Chandna Adv 9899011450

(Guest)

Thanks kapil for revert....but before chargesheet...can we go for quashing to the high court..... Our lawyer said first wait for chargesheet...then proceed for quashing.... Plz guide

KIRAN (O) 20 April 2015

RAVISH

There is time limit for Charge sheet to be filed. i.e 90 days.

I think your case won't stand, bcauz charge sheet is still not filed.

Also, There is time limit for the quashing of the case, after charge sheet is submitted.

Personally (yourself) visit your respective court room (Any time of the day) and check with the Judicial clerk / Respective clerk about your charge sheet. If it is still not filled, then you are in win-win situation.

Adv. Chandrasekhar (Advocate) 20 April 2015

In the given situation, you will not succed if you approach the HC for quash. But you move an application showing dilly - dally attitude of the I.O. and seeking a direction against him to file the charge sheet within the limited time, say 60 days. Let me add that you are basing your brother's innocence on the singular fact that the girl has got so many boy friends, I fear, that your case is not so strong. If your advocate is so sure that your brother will win case, then only move the application as I suggested above. Other wise, the dealy will benefit your case and let the sleeping dogs lie.

(Guest)

Some more facts about the Case just to give more clarification: 1. Why we are so Sure about the Innocency – Girl did the same thing with other Guy also 2 yrs back. She lodged the complaint against that guy for Money extortion and in return he was forced to pay 2 lacs to her. 2. Girl character – While in relationship, she was dating other guys also. On the one side , he is forcing my brother for marriage and on the other hand , she was dating other guys till late nights. We got the proofs for the same. 3. Major Reason for lodging the Complaint & Case – Girl got passport and some other Govt official ID card on some fake and false documents. Her Dad and brother helped her in getting these. We got the information in written thru RTI ( RTI states that the document which she uses is Fake and don’t have any Record in Govt office). We have the proof of the same. She got to know this and just to save her and her family , she lodged the complaint and demand money of Rs 4 lacs from us. We are not financially strong. My brother lost his Job also and went under major depression for more than 4 months . We have Medical reports also oh him. Now that Girl is absconding from last 6 months ,as per investigation done by IO. When we asked for some Status report of the Case , he always said “It’s under process”, As Honourable Court told us and gave in writing to us for Contacting IO & for taking updated status report of the Case. He is also demanding some money for Speedy process. But we are unable to pay that also. We know IO is doing nothing , earlier also he helped that girl in lodging the False FIR and now also he is directly or indirectly helping her. Plz give your valuable inputs or advise.