Civil Procedure Code (CPC)

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Appearence of falsely accused in a magistrates complaint

Querist : Anonymous (Querist) 24 July 2021 This query is : Resolved 
Hello,
I am previously a witness in a criminal cases u/S 420/ 120b instituted at Magistrates Court JMFC. 6 months down the line the accused in that case having been granted Anticipatory bail by ADJ has now made up a bogus case under Section 406/420/120 which he has filed at Magistrates JMFC as a counter blast

My question:
1) Can i appear before Magistrates before Cognizance is taken so as to give my version of events?
2 ) can i appear before magistrates after cognizance is taken and without going for ABP as i am 100% innocent and can validate that.

If the answer is yes please advise what i can do
If the answer is no surely its a travesty of justice that i have to go through the ABP process spend money just to prove a bogus case at trial.
K Rajasekharan (Expert) 24 July 2021
"No" is the answer to both of your questions.
Dr J C Vashista (Expert) 25 July 2021
What is your locus standi to the subsequent case filed i.e., accused / witness etc. as stated to be filed as counter blast to previous one ?

Nothing can presumed for vague and incomplete facts posted by an anonymous person.

It is better to consult and engage a local prudent lawyer for proper appreciation of facts of the cases, professional advise and necessary proceeding.
P. Venu (Expert) 26 July 2021
You have not posted the complete facts. Does both the cases pertain to the same incident? Any how, there is no necessity to rush for getting anticipatory bail.


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