Cross case filed as ístegasha
S Sengupta
(Querist) 05 August 2016
This query is : Resolved
'Sir,
one day my neighbour with whom a civil case was pending barged into my house assaulted me and ran away. As I filed FIR next day he filed a counter case against me in CJI court accusing me of physical assault and abuse. As is mandatory he got a medical prepared next day and entries were in accidental register and other than complains of pain there was no notings.
But unfortunately charges framed against me even included dharas for injury by sharp weapon.Can Judge apply such dharas over and above actual complaint ?
Kappil Cchandna
(Expert) 05 August 2016
Sir,
Go for revision against the order on charge. Without concrete MLC or Evidence the same cannot be framed.
Warm Regards
Kapil Chandna Advocate
9899011450
Rajendra K Goyal
(Expert) 05 August 2016
Engage services of some senior local lawyer expert in criminal cases, show him full case file and get guidance.
adv.bharat @ PUNE
(Expert) 05 August 2016
Agreed with expert opinion you need to Engage services of some senior local lawyer expert in criminal cases, show him full case file and get guidance.
S Sengupta
(Querist) 06 August 2016
Thank U Sirs for very prompt reply.I was a practising M.D.with part time attachment to SBI.But inspite of submitting evidences of accidental case register, no evidence of injury, statements of pain here & there,and biggest evidence of him having entered my residence as claimed by him that he went to examine back of his residence from where he had heard noises--in fact he had entered my residence which he claims as his under casr civil 1165/09.An unfortunate incident occurred on day I had to go for bail. I had approached Alld HC and They had requested I be granted bail without surety.Judge at presentation for bail got upset, I was asked to pay double surety,and when my Lawyer suggested that I may be allowed to go for duty at SBI I was taken into custody and judge further commented that Doctors make everyone wait why not we give him a taste of his own methods. And dirty part was that I saw my Lawyer pay constable sahib for my release. So much for our judiciary.
Devajyoti Barman
(Expert) 07 August 2016
You can apply for deleting or altering charges once the police submits charge sheet.
If the particular section does not apply you can go for quashing of that section as well.
