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Discussion > Criminal Law > Urgent help for an nri   Unanswered Threads Post New Topic

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There are 9 Replies to this message


Mani


Physician
[ Scorecard : 46]
PRO CHAT CALL
Posted On 01 July 2012 at 03:27 Report Abuse

Dear Sir/s

I am an NRI staying in UK. I am a physician and from a family with a brother and a sister.

My sister eloped with one of my relative.

 My uncle from mother’s side has made a POA for selling a land which is less than INR 50000/-which was in my mothers name in 2006 when I was in India doing practice in India. I have signed in the witness box. I understood later that my Mother has finally disagreed to give to POA to my uncle and has refrained from validating the POA so it was cancelled.

My uncle is a real estate agent he is this business so I did not bother even to know whether the land was sold or not. My uncle asked to sign in the witness whom I did readily because I could see my mother’s sign there and my uncle’s sign.

I and my wife had made contact with my eloped sister which is against my family custom. My brother has and was looking to spoil my name.

He wanted very much to defame me and has framed a criminal case against me stating that I have fraudulently made attempts to sell my mother’s land. The case was filed in 2008 after 2 years of the supposed incident.The case is in court and I am accused as A2.My uncle is a retired headmaster and has taken bail and staying happily.

The land is not sold and is still in my mother’s name

The POA is deemed invalid because my mother has not counter signed

But still they are making my life miserable my making an FIR and telling the public that I ran off from India after committing a crime.

I am not in station now and am abroad and court has been asking the police to find me out.

Can any one of you suggest a good legal way to tackle this case?

For your kind information my father has also filed a case on my house saying the house was built by him. It is a civil case so I am not bothered much but this is criminal case they are making mountain out of moth hills and continuously harassing me and preventing me to come to India.

 



Ashish Davessar


Practicing Advocate/Legal Consultant/Legal Process Outsourcing, 08427414792
[ Scorecard : 6425]
PRO CHAT CALL
Posted On 01 July 2012 at 04:03

This is a pure abuse of the process of law by your brother.  Apart from other things, your brother will be at a loss to explain the delay of 2 years in filing the FIR. Consult a lawyer and move HC for quashing.



Total thanks : 1 times

Mani


Physician
[ Scorecard : 46]
PRO CHAT CALL
Posted On 01 July 2012 at 06:15

Thank you Sir

Will that be possible to Quash the FIR at this stage as the case is chargesheeted and proceeding in the court started?

please can you be kind to suggest some solution to my misery?

 


Mani


Physician
[ Scorecard : 46]
PRO CHAT CALL
Posted On 01 July 2012 at 06:16

Thank you Sir

Will that be possible to Quash the FIR at this stage as the case is chargesheeted and proceeding in the court started?

please can you be kind to suggest some solution to my misery?

 


Ashish Davessar


Practicing Advocate/Legal Consultant/Legal Process Outsourcing, 08427414792
[ Scorecard : 6425]
PRO CHAT CALL
Posted On 01 July 2012 at 07:58

Quashing is done only if certain essentials are fulfilled. Facts mentioned by you point to a prima facie abuse of the process of law. Hence, I suggested you to consider going for quash. In my considered opinion, you should have gone for quashing as soon as the FIR was registered. Since the chargesheet has been filed now, the same can be quashed if it is shown to be mala fide. No conclusive opinion can be given without looking at the chargesheet and the FIR.



Total thanks : 1 times

Ramesh Potedar


Advocate
[ Scorecard : 92]
PRO CHAT CALL
Posted On 01 July 2012 at 08:29

Correctly replied by Mr.Davessar.


Mani


Physician
[ Scorecard : 46]
PRO CHAT CALL
Posted On 01 July 2012 at 14:12

Thanks Mr Asish

I will contact a lawyer in Chennai.

Will there be anyway you will help me? I can contact you if needed

 

Thanks


Ashish Davessar


Practicing Advocate/Legal Consultant/Legal Process Outsourcing, 08427414792
[ Scorecard : 6425]
PRO CHAT CALL
Posted On 01 July 2012 at 15:15

Yes you can.



Total thanks : 2 times

Mani


Physician
[ Scorecard : 46]
PRO CHAT CALL
Posted On 01 July 2012 at 15:43

Mr Asish

Can you give details on how to contact you in this regard?

 

looking forward to your reply


Ashish Davessar


Practicing Advocate/Legal Consultant/Legal Process Outsourcing, 08427414792
[ Scorecard : 6425]
PRO CHAT CALL
Posted On 01 July 2012 at 19:03

Sent you a PM.



Total thanks : 1 times




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