innocent people tourtered by court and other
tarun
(Querist) 17 May 2015
This query is : Resolved
If some one file a fake case against innocent person. Due to which he shifted to judicial custody. And as we understand the mental stress he is suffering and the things he lost like job, all his income, the time etc just because of court procedure and complaint by someone. Court take him in his custody just because of reason " he may be criminal" as alligations are yet to pe proved and then if at last he proved innocent. @#####Then the things he lost, sufferings, his respect and all Can court give these all after he proved innocent??
@##### If not then is it right to do like this with innocent people just only behalf of someone complaint.
@##### What he can do with the people who file a fake case against him?
??.....
Guest
(Expert) 17 May 2015
Discuss your own problem, if any you face, instad of any premumptive case.
tarun
(Querist) 17 May 2015
Dear Sir its about my case. We are suffering from this. It will,be very helpful for me if you all suggest anything..
Guest
(Expert) 17 May 2015
Suggestion depends upon case history, which you have not provided.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 17 May 2015
False case unless unless there are proveable charges no court will pass arrest n judicial custody unless u have poor defence. Nevertheless if u r innocent n released n proved innocent, dare file defamation, damage & loss case occasioned due to falsecase.
tarun
(Querist) 18 May 2015
My Case is as follows
Sections: 304b/34/406
My sister in law commit suicide by taking celphos poison. When we get know that she take poison we immediately inform her parents around 4 am and go to the best hospital (Medanta) in Gurgaon in hope that the doctors will save her life. But she was died at 9:15 am. Her parents reach hospital around 9 am. They file a case of dowry death. Police arrest husband next day of death. But we run to safe place because we think that if we also get arrest we can not fight to prove our innocence and me+ my brother were also doing job. After verification police cut names of me , brother and farther. But want mother to be arrest because of pressure. Mother surrender after around 15 days of FIR. Now case is in court and our lawyer applied for my mother's bail. But judge rejects the bail. We are innocence still tortured by indian judiciary. My brother (husband) who in jail tell us when we first met him in jail that her wife had affair with someone and he catch her while she was with him in our plot. He catch her on 22nd Feb around 7pm. My brother (her husband) ask her why she is with that guy she said some nonsense reason. He ask some proof of her nonsense reasons but she had nothing to show. After that she take poison on 24th Feb morning around 3 :45 am.
Now we are very stressed because district court judge rejects the bail.
NOW Please suggest I provide my case history. And my questions above.
Rajendra K Goyal
(Expert) 18 May 2015
Procedure has to be observed / followed till changed by the legislation and for such procedure cost has to be paid like in your case.
Guest
(Expert) 18 May 2015
Mr. Tarun,
Have not you hired any lawyer to get bail of your mother or brother and to defend them? If not any reason for not hiring a lawyer. If hired, what is his opinion about the case?
Your description is still short of some vital facts and the background of arrest of your brother and mother. It is hard to believe that a house wife takes poison on merely asking reason on a single occasion why she was with some other person. Naturally, your brother must be of some suspicious nature, who used to doubt your sister-in-laws loyalty or some other background, which you have not mentioned here.
Anyway, what was the nonsense reason, which she told to your brother?
Also, please state, what reason the parents of your sister-in-law have quoted in the police report based on which your brother and mother have been arrested?
Also, Was your brother a Government servant?
tarun
(Querist) 18 May 2015
Dear Mr. Jeevan Patil,
In sections 304b/34/406. Their are arrest first and then verification. In our case police do verification and they get know that we are innocent but due to complaint they said we have to arrest. But some how we manage to cut names of 3 persons from report out of whole family of 5 persons. There is also one 2 year old girl child in prison with my mother and the child is sick. In home their is no female to take care of her. She has constipation problem.
Sudhir Kumar, Advocate
(Expert) 18 May 2015
"My brother (her husband) ask her why she is with that guy she said some nonsense reason. He ask some proof of her nonsense reasons but she had nothing to show. "
This has to be proved beyond reasonable ground.
Onus of proof in this case is on the accused.
T. Kalaiselvan, Advocate
(Expert) 19 May 2015
How is that the infant child is in jail for no fault?, If you are concerned about the little girl, take her back from jail and keep it in your custody.
Biswanath Roy
(Expert) 01 June 2015
From the given facts it appears that the parents of the victim lodged a complaint before the Police against the family members of the of the author and on receipt of such complaint police treated it as F.I.R and referred the matter to Magistrate's Court. So, apparantly complainant did not file any false case as claimed by the author, merely they filed a false complaint instead which comes under the purview and scope of sec.182 IPC But as because the police officers who are public servants also treated said false complaint as cognizable offence and drawn up charge accordingly, if proved false ultimately in the trial shall be triable and punished under sec.211 IPC.
