Writ petition for protection of family against criminal charges
Munish
(Querist) 05 April 2016
This query is : Resolved
Dear Sirs,
I am a resident of Delhi. My neighbor has constructed an illegal construction and I filed the Civil Suit and won. The Civil Suit was awarded as Lok Adalat Decree. My neighbor is an influential person having connection with local police.
However, the demolition is yet to be done fully and I filed the execution & contempt of court petition to complete the demolition.
When the proceedings were on, the neighbor has filed an FIR alleging sexual harassment to his family. And the charge sheet is yet to be filed. The sections were filed was a bailable one.
Since execution petition has been filed, he wants to take revenge on us. He clearly informed us that he will file more such criminal charges under non bailable condition against me and my family members.
What are all the steps I need to take to protect my family.
Can I file a Writ Petition in the High Court on this?
Kindly guide me how to take care of my family from his situation.
Thank You,
Munish Gupta
Devajyoti Barman
(Expert) 05 April 2016
Merely because the charges are false no writ petition can be filed in high court.
We have to see the merit of the case and peruse the FIR first.
If there is apparent improbability then quashing can be filed in high court but preferably after submission of charge sheet.
P. Venu
(Expert) 05 April 2016
It is not necessary that the FIR need result in the chargesheet. Trust that the Police would investigate diligently. If any problem apprise the SP of the District of the facts.
Rajendra K Goyal
(Expert) 05 April 2016
Success of such writ petition is difficult even if filed. If you have proofs, may try quashing.
