D D Garada (Doctoral Fellow) 08 April 2013

Seeking legal opinion for false case

hello sir,

i am a Doctoral fellow at central University and i have been going through a bad phase. so i just need the legal opinion from you. the case is that a gal from my village and same community was little possessive for me. one day she called me upon her house, so i went her house. after few hours their family locked the door from outside and they called police. police came and took me to police station after several hours of discussion the gals family approached and forced me to marry that gal, when i refused to do that they alleged and threatened me to file a rape case against me and my entire family on the basis of dowry and they did that. after a month we all got Anticipatory Bail. they day wen i went to police station to get my bail the gal came to police station and tortured me like anything before police. during that time all my family member were present there. then the gal suddenly accused my sister in law and they had some verbal exchange. again the gal filed a case (attampt to murder) against my family and the police booked all of us again. in the mean time we had also given a counter case against them. but the police didnt take it seriously. we spent some 3-4 hrs in police station and finally we got out from there. after a month the police is seraching my sister in law (main target) for arrest. we have applied for the AB but till it is not granted. the police also complained the higher authority of my sister in law with regard to her job. the police are torturing us like anything. the only wrong of my sister in law was verbal exchange. the police did not take our counter case as serious. in this situation can we file a RTI with regard to our (Counter) case. what should we do to combat the situation and police. waiting to hear from you sir.

Thanking You sir

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4 Replies

Sudhir Kumar, Advocate (Advocate) 08 April 2013

for counter case you havge to apply to ilaqa magistrate if that is not being taken seriously.

deeapk (manager) 08 April 2013

Dear Sir,

there is a FIR files against me and another person in Sangrur District of Punjab u/s 420 and 406 in year 2006. We both presneted ourselves in fornt of the DIG Punjab and requested a proper investigation. In the enquiry it was established that the FIR is forged and fabricted.

Police filled application in the court for quashing the FIR against us and requested to book the person for filing false FIR. the Hon'ble court returned the request of police twice with the remark "reinvestigate".

In year 2012 I went personally and requested DIG for quashing FIR aginst us. The request was again taken to the court and recieved but no reply is given so far.

please let me know how long a court can keep the application pending at their end ?

what are the other way to get our FIR quashed soonest possible.

thanks

deepak

AV Bagur Advocate (Advocate ) 08 April 2013

Dear Prof. D D Garada,

If what you say in the post is true then even you have not taken legal issues seriously. Blaming the police does seem to carry much weight at this point of time. You seem to have adopted an Ostrich policy and wished that the nightmare to be over at dawn. From the post it appears that you have not consulted an lawyer or sought legal help.

On the basis of information provided by you the only opinion I can express at this point of time is that you can file a private complaint before the CMM of your local area seeking directions to the Police to register an FIR and investigate the matter.

SACHIN AGARWAL (ADVOCATE) 09 April 2013

Dear Prof. D D Garada,

Please explain the meaning of Cointer Case. If your case is registered, you can go through the RTI amnd incase it is not requstered, you can file a Complaint directly in the Court.