The case is crossed NC case.
It all started with land dispute and tresspass. I filled the complain in BMC and police but there was no action for that from there side, becuase they got the support of area of corporate. I was at that laymen to understand the law of land.
After the next day we had a quralled nad it turn into voilence which cuase severe injury to my father, he got 3 piece facture, his hand tissue was broked into 3 piece, got 3 stitches on eye brow : hammer was used by the A [father] for this injury and it is with the police custody .
During the above incident, i got 3 stitches on my head, Son of A, used steel bucket and hit on my head. my brother got no injury but he to was hit by the hammer on back oh his head. The cloth of wife of A, was displaced from her body as she was fighting with bhabhi. [ This happend at around 11:AM ]
After the above incident we rushed to the police station, police inspector told us to 1st to visit to hospital, thus we move to rajawadi government hospital.
Later on at around 8 o clock police inspector visited to the goverment hospital used high voice while taking the statement of my father [i noticed at that there was some wrong]. he tooked me to along with him and called by brother to police station. Area of our people was laready there in the police station and requesting us not to file case. I replied no i want to file case, they repleid police will also file FIR against ur family. I was blank at that time, i don't no what we have commited. I said no still i want to file case, IO register the case on both of us
Point i have come acrossed, that can be made as point of malicious prosecution
1. IPC 324 was register against A. i should be 326, which later on changed to 326 based on the x ray and other report on government hospital. but from the prime facie it was already there while registering the FIR
2. IPC 354 was register against us. On what based this IPC was decided by the IO. This is clearly case on malicious prosecution. My babahi statement was not taken in this repsect while registering the FIR and she was present on the same in police station. Furthere i have a recording evidence where my neighbour say the same thing which said in the FIR in fron of the wife of A. This oral evidence i recored through my phone after 8 month of FIR, charge sheet was filed.
3. The whole incident took place in front of more then 20 people on the ground was watching as my house is facing the ground. No investigation where made from that people, before framing the charges. As 2 of my neigbour people where also involved in the fight, not to cause injury but to avoid the fighting. As they where also involved and it is criminal prosecution IO supposed to take the statement of thos people. But all thing where done between 8:30 to 9:30, during whole day IO was busy in plotting the charges against us.
4. Note IO who filed the FIR is different and IO who filled the charge sheet is diffrent. IO who filled the charge sheet even he told me that, wife of [A] told me that her cloth got quashed due to bhabhi. but he said that now we can't do anything.
