(Querist) 26 November 2017
This query is : Resolved
My name is Alka Rawat. I am a Review Officer. I live in Lucknow with my mother. My father is no more. He has died before 18 years. My elder brother lives in Jaipur( job reason) and My elder sister lives in NOIDA with her family. She is married. My brother and my sister both are UPPCS Officer. In Lucknow Home, I live on the first floor and another family lives on the ground floor. The woman who lives on the ground floor is my real mausi( my mother's real sister) but she hates my mother because she can not see her progress. This is her (mausi) basic nature. A few months before ( 23 September 2017) I came to know that a criminal case filed by my mausi against my family including my brother and my sister. The case is- The woman said that my family pushed her daughter from the stairs and due to this she ( the girl) got chip fracture in her right foot. According to the woman, this incident happened on 13 September 2016. She filed a complaint case. No FIR has been lodged. But the same day ( 13 September 2016) my sister was in NOIDA in a Hospital and we have a proof also of her presence in NOIDA and my brother was in Pushkar with his wife and again we have proof of his presence in Pushkar and very important I have footage of the day( 13 September 2016). It shows clearly nothing happened that day. The woman becomes complainant and gives her statement under 200 CrPC and her daughter becomes witness and gives her statement under 202 CrPC. Both are given the false statement before the magistrate. The witness is 24 years old. Charges imposed 323 325, 504, 506 IPC on us. My Lawyer filed a petition in the high court in 482CrPC with evidence but on the hearing date the opposite party give affidavit before the judge due to this, stay is not given by the high court on my petition and the judge gives the order to the opposite party to file counter affidavit within 2 weeks. Meanwhile, Rejoinder can be filed by my lawyer. We have taken bail and ready for trial. Now please suggest me what should I do if high court not gives stay on the petition? Can I file my petition to the Division bench of high court if the Single bench does not give stay on my petition and how I exclude my sister from this case? Because she is facing problem in her family due to continuously visit Lucknow. and if we win this case what charges will apply to the woman and her daughter? Please do not ignore this query. I am in trouble. Please Help me.
(Expert) 27 November 2017
Please post the simple facts, avoiding subjective opinions.
(Querist) 27 November 2017
Charges imposed under section 323, 325, 504, 506 IPC.
Dr J C Vashista
(Expert) 28 November 2017
@ Alka Rawat, You have already engaged an able, competent and intelligent lawyer to sail you through. S/he is well aware about the facts of the case, which you may not be able to explain in brief/precisely to obtain some sort of legal help. You should have faith in your lawyer and proceed, you have a very good case in your favour. Moreover, there is no need of second opinion on this platform except the fact it is available FREE OF COST. However, since the opinion of each one of us is bound to differ, you may spoil your case accepting or rejecting the advise of experts on this site. Best wishes.
(Querist) 28 November 2017
Thank you Mr.Vashista.
(Expert) 29 November 2017
The term ‘my family’ is subjective term. If (all) members in the family were not available on date/time of the incident then they can come clear out of the court case. Your own lawyer should help you prove falsehood in the complaint.
(Querist) 30 November 2017
My mother and I were available that day because we live in Lucknow. But my brother and my sister were not available that day.
(Querist) 20 December 2017
My advocate suggests me to compromise. Is it a good suggestion or not? He is not willing to go on trial. I don't know why?? I have all the pieces of evidence which prove me not guilty.
(Expert) 20 December 2017
Obtain 2nd opinion from a very able SENIOR LOCAL counsel of unshakable repute and integrity specializing in criminal matters and meet with your witnesses, evidence, in person. With 2nd opinion in person from LOCAL counsel you should be satisfied.