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Rajput   02 October 2016

Fake FIR

Gentlemen, There is a property dispute between my mother and her brother. Our grandmother has passed away and my maternal uncle (my mothers brother) has occupied the house and there is a pending Civil case for the past 3 years in the lower court that has been prolonged by the opposite party's lawyer. Recently, we persuaded a few elders in the family to settle the dispute via dialogue and go to his to directly talk to him. When we went to his house, unfortunately, the arguments heated up to an extent that we had to leave. After a month, he has registered an FIR against us with involving the local police station that we attacked him and tried to occupy the house illegally. The FIR says that he has head injuries and the neighbors are witness to the incident. The facts are, 1. There is no medical record 2. There is no incriminating material / weapon 3. There is no witness from the neighbors | BUT the police has produced 2 police personnel as witnesses 4. My mother is the co-owner of the house as per my grandmother's will The charges are framed and the case has been going on since an year. There were 8 chances given by the court to record evidence, yet the opposite lawyer is playing delaying tactics. My mother is being threatened that if she doesn't compromise on her share, he will have me jailed and I will lose my job and the whole family would collapse. Please advise !


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 5 Replies

arpit shukla (,)     02 October 2016

First stop to worry, in lack of evidence nothing serious going to happen , as regard witness statement you can hire a good advocate who can assure you mental comfort.if lower court gives adverse judgement than you will have a right of appeal also. Unless verdict given against you no one can jail you. Don't forget to attend court on prescribed date by you or advocate.if you have a copy of fir please mail me on shukla77788@gmail.com.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     02 October 2016

It's true as suggested by arpit shukla

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     02 October 2016

It's true as suggested by arpit shukla

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     02 October 2016

It's true as suggested by arpit shukla

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     02 October 2016

Sir, 

 

If you feel the FIR is totally false and baseless go for quashing .... 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450


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