467,420, AND 3 OR 4 MORE.
Querist :
Anonymous
(Querist) 29 July 2010
This query is : Resolved
MY UNCLES AND SISTER FILED A FALSE FIR AGAINST ME,SINGLE MOTHER OF 2 WITH NO FAMILY OR FRIENDS HERE. THE INVESTIGATING OFFICER CLOSED THE CASE AS -B-FILE,WHATEVER THAT IS...AND THE PP,THE ACP ALL SIGNED BUT THE DCP,WITHOUT WHOSE SIGN IT CANNOT GO TO COURT,HAS SENT IT DOWN AGAIN FOR RE INVESTIGATION. NOW WHAT CAN BE DONE...I AM FED UP OF BEING INNOCENT AND BEING ACCQUITTED TWICE,DOUBLE JEOPARDY,AS THIS HAS ALREADY BEEN FILED IN SPAIN.
Devajyoti Barman
(Expert) 29 July 2010
The rule of double jeopardy comes into play only if the person is already convicted and again he is charged with the same offence for which he has already gone through the sentence.
In your case it appears that the charges are not framed and before that the higher echelons of the investigating agency has directed re investigation which is very much within the purview of criminal jurisprudence. Unfortunately you have to wait till the submission of charge sheet , if any so that you could file a case for quashing be0fre the high court if prima facie there is no case against you.
B K Raghavendra Rao
(Expert) 30 July 2010
Not necessary to wait till charge sheet is filed. You may approach High Court under Section 482 of Cr.P.C. and get the FIR quashed if foul play is prima facie and no offence is made out.
Querist :
Anonymous
(Querist) 31 July 2010
Thankyou! i will read section 482,this complaint has been filed in spain and there i was clear as no offence has been commited there.property is in india,the gift deed has been duly signed in spain legally as per requirements of india,and said gift deed has been adjudicated here in pune and proper stamp duty has been paid under bombay stamp act,so yet my uncles came to india and police should not have taken any fir as there is no offence committed on indian soil,and law of the land prevails,moreever they have papers saying i am in the right but police say that they were pressured from top to take fir...so i am stuck without doing anything.
