False & fake fir by criminal lawyer

This query is : Resolved 

Querist : Anonymous (Querist)
11 June 2019

Most Regarded professional

I would like your support on how to file a case against an advocate who is 27year a member of a Bar association of district court Nainital has framed a false & fake FIR including cooked incidence to implicate an innocent widow. He with the help of SSP Nainital police imposed section 307, 324,341,427 & 506 on her & family.

Please guide us what to do when one law representative itself scandalously starts abusing, harassing, threatening even to fire & killing threats to a widow. And even tried all means to suppress facts, pieces of evidence, which all prove that she was totally innocent. The lawyer pressurizing local villagers, police, and admin with the help of Bar association protest that no advocate will support or take her case in a lower court or high court all across Uttarakhand.

The younger brother aged 18year of the widow who was not present on that day of incidence on 9th May 2019 nor any FIR was registered in his name is picked up by Police with the advice of SSP Nainital on 13th May 2019 from Restaurant counter for inquiry however was straightway put behind the bars. The family was not allowed to meet him at all and what we came across that he was beaten & thrashed three times worse in the jail by the lawyer & his associate with the help of jailer & police guards. Till date, he was not given any medical assistance and behind the bars for the last 30days plus.

What we know that advocate profession plays a vital role in the administration of justice and is a respected position in society. Where it appears that this type of advocate can go any extend to gain financial interests by grabbing widow assets and land.

I just need your help :
1. Do we need to change our state for filing this case as all the machinery is supporting the advocate?
2. How I can represent this case as a nonlawyer in a court of law?
3. How we can ask for CBI inquiry in our case for transparent investigation?

Looking forward to your kind guidelines

Dr J C Vashista (Expert)
12 June 2019

Dear Admin Lawyers Club of India,
I am getting my screen blocked for the last one week, consequently unable to access the query and respond, could you please look into and get it rectified or you have decided that I should withdraw from your site.
Thanks and regards
Dr. J C Vashista, Advocate
Cell # 9891152939

H.M.Patnaik (Expert)
12 June 2019

Have you approached the state Human Right Commission or State Mahila Commission for redressal of your grievance.

Querist : Anonymous (Querist)
12 June 2019

Respected Patnaik Sir
Greetings of the day!

Yes, sir, we did all. approached to 181, state commission for women, National commission for women, NHRC, joint secretary legal AID to poor & access to justice at jsst-doj@gov.in, Ministery of defense at rmo@mod.nic.in, secyesw@nic.in, jsg@nic.in ( joint secretary army) , communication to PMO registration No : PMOPG/E/2019/0228120 dated 13/05/2019, Women helpline at 9759749998, Uttarakhand state commission for women at womwn.commission.uk@gmail.com, even personally spoken and updated Mrs. Vijay Barthwal , CM helpline, Dm-nia-ua@nic.in Zila Sainik Kalyan at Doon and Haldwani but not a single communication nor any response on my request for help.

I also communicated for Help to Home ministery, and state minister women welfare but again not a single call nor any help. The last communication which we did is to dgc-police-ua for transfer our case to CBI as we don't have faith in local police and his seniors.
again no response as usual.

We informed about this incidence to the Bar Council of India Trust to verify the facts and support the truthness as it's known for "faith & justice".
no response to date.

Querist : Anonymous (Querist)
12 June 2019

This widow is of an ex-army person who fought for the Kargil war, was the best Army candidate of the INDO-UN peace mission. Today she and her family are running post to pillars for truthness. However, still, believe truth always prevails.

Querist : Anonymous (Querist)
14 June 2019

waiting for your kind guidelines please

Sudhir Kumar (Expert)
15 June 2019

You have so far not revealed the real facts leading to the incident.

You have so far revealed thaat :--

(i) The complainant is lawyer.
(ii) The complaint is in Nainital.
(iii) The accused is 18 years old.
(iv) The accused is arrested.
(v) The accused is brother of a widow.
(vi) The widow is ex-army
(v) The widow is participated in Kargil war.
(vi) The lady fought very well in war.

All this do not indicate what the case is.

Given facts do not indicate any matter worth intervention by CBI unless the High Court is convinced that the Police is in deep connivance.

Given facts do not indicate any reason for non-representation by non-lawyer.

All it can be said that if you intend to have trial outside the stat then Supreme Court is competent to order so.

Querist : Anonymous (Querist)
15 June 2019

Respected Sudhir Sir
Sure Sir thanks for your time and quest for more details which leads to this incidence,
Detail of the incidence: The widow is running a restaurant with the help of her family, prior to this restaurant business she was a teacher and after her husband demise, she took over this assignment. Coming from Army background with an educated experience she started running well her restaurant and was possessing some portion of the land behind her restaurant which she was trying to fence with the Iron pillars so that her possess land should be safe as the father of the advocate ( complainant )always trying to grab by some way the other like doing bio fencing, placing his own pillars and even constructed two building with stairs and hazes on the widows possess land. Why the lawyer father was after this widow's possessed the land because the advocate family also has a building with three-story just after two shops from the widow's restaurant. Earlier two to three years back the advocate father was also running the restaurant of its own and because of their ill attitude towards his restaurant staff like not paying them for months and months leads to closeup. and now he has given all three floors on a lease, the top floor of the building to a Delhi based handloom shopper and rests two down floors given to some restauranteur of Kaladhungi. another two buildings which advocate father got constructed in the widows possessed land also given on lease to somebody.
All above the facts have increased the hunger for money of the advocate's father which he using to grab and snatch of these poor widow assets including the restaurant. The father of the advocate very well knows that if they build pressure some way the other to this widow and rest his own son who is a lawyer will do it in a better way legally.

# The advocate's father started building the background to eliminate this widow permanently as the season of business was approaching and he started every midnight from 5th of May 2019 dismantling the fencing pillars on the land of the widow. Every morning when this widow comes to her restaurant she find that all the Iron pillars are removed then she asked all the neighbors that do they know who did this? the answer was NIL. again she started placing the pillars and the next morning she finds all are removed again, Than on 7th of May 2019. The father of advocate along with his elder son and two of his relatives threatened this widow to go away and leave this place neither my advocate son will frame you and your family so that nothing will be left over for you.

# The widow started complaining to the police, SSP, DGP in the form of complaint on 5th,6th,7th,8th and there was not a single action by the police.

# on 8th May 2019 noontime approx the advocate himself came with two police Sub Inspector at widow's restaurant stating that he got FIR on her name as her restaurant is discharging the waste into the waterfall and the entire villagers are getting affected with the waste discharge mixed in the water. Even cleanness is not been taken care of by you. The widow than explained on the questioning of both the SI's that the issue of environment is not at all as we have our own softa where our all discharge water is soaked, whereas the rest of the other restaurants including the advocate's restaurant and shop can be checked where they discharge their wastewater? She also explained both the SI's that the matter is of land grabbing and the family of lawyer is manipulating and diverting the core issues. Even Both the SI's understood all the case in few minutes as the lawyer himself was started dismantling the pillars which SI's objected and told him not to do it at all.
After this, within 30 minutes the advocate, his senior advocate, and 4 more advocates reached again to the widow restaurant in front of the two SI's and started threatening to her by saying like go off and leave this town or else soon we will destroy you and your all family.
They all were drunk and both the SI's intervene and ask all the lawyers to calm and please go. Seeing all this drama still police has not taken any action on our earlier submitted complaints at all.

# Seeing this police inactiveness on 9th of May 2019, The advocate and his all 14 gangsters including the senior's advocate came to the widow's posseded land at 19.05Pm and started dismantling the entire fencing , they started cutting down the fencing and removed all the iron pillars shouting that come and stop us if you can, with vulgar and abusing language to come at the spot we will fire all of you even ......
When the widow objected, The advocate started doing calculative drama of folding hand and some of his gangsters were recording this incidence in video and once the video clipping got over the advocate slapped heavily, kicked in between the legs and tried to drag her down, The widow was crying for help where no one turns up for her help. Even widow brother called 100 number, SSP, DG law & order, SHO Mallital, Choki in charge of Mongoli but no one turns up till 45minuts and later again the Lawyer when moving towards Nainital in his red car was stopped a while and started abusing and even shouting that will fire you all. Another two cars of his gangster ( Scorpio & Alto ) also moved along with him towards Nainital. Even his threats were overheard in mobile conversation by DG law & order.

# We all were waiting for police to come and help, They police reached at 19.49pm and later we were with the police for medicals and complaining FIR to police till 1.15am of 10.05.2019.

# The advocate cooked all fake story in his FIR that around 18.00pm till 18.30pm he was going to attand one marriage party and when just passing from the restaurant of a widow he was caught by coller and dragged down and pistol was placed in his mouth and by sword his neck was smoother by the widow and one Lalit and left her dead and so on....
His friends took him and brought him to Nainital police station.

and then as we mentioned on top of our request that 307, .....sections were imposed over her.

# We recently managed to get the medical report of the advocate which confirms that from head to toe all the functions are normal and fine.

Now as you guided that

1. We should change the state for trial - the supreme court will be the best.
2. What about the transfer our case to CBI?

and any crucial guidance as per your expert experience will be highly appriciated.

Thanks & Regards

Querist : Anonymous (Querist)
15 June 2019

Sudhir Sir hope the above all incidence will suffice to gage the truthness in one to one to understand the main reason for the incidence.

Sudhir Kumar (Expert)
15 June 2019

for understanding the real issue a local inspection is needed with perusal of papers.

but the situation has gone so bad that no local lawyer may come forward.

efforts need to be made to shift the entire case to other state and only Supreme Court is competent to do so.

Querist : Anonymous (Querist)
15 June 2019

Sudhir Sir,
Once again thanks for your quick response cum guidance. Yes, you might be right. So please guide us on the next step. If possible I may take your assistant to Nainital for local inspection if needed with a perusal of papers. or you are the best expert to guide on this.
If the supreme court is the best option then also please guide is in total how to go about it and where we can meet you in person to discuss a further line of action.

waiting for your expert guidelines.

Querist : Anonymous (Querist)
20 June 2019

Sudhir Sir
waiting for your guidelines Pl

Adv Deepak Joshi +917017821512 (Expert)
02 July 2019

Cal me I am from same place +919456777600

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