False case over me section 386
Querist :
Anonymous
(Querist) 17 April 2018
This query is : Resolved
I have raised concern to police, tax department of hero bike dealer cheating, he asked me take my complaint back, he approached me and tried to scarf me from police, defamation notice at last he file a fake case on me in which heention I have called him and threatened him and send someone with the message of demanding 50 lakhs rupee, police investigate the matter and check.my call details on that basis they have filled the FR, I thought it is over but hero dealer file protest complaint and court asked accepted complaint again with false allegations, now I haven't received any summon or notice ever, finally police suddenly come to my home with NBW under section 386, I have already shifted to another city so.police did not arrested me , I have applied for proceeding stay.in high court, it been a month till now my case did not came for the argument as informed by my lawyer, can you tell me how much time high court take for argument on filed case in Allahabad High court, I think lawyer making me fool what u suggest
Ms.Usha Kapoor
(Expert) 18 April 2018
You file a Criminal writ of Mandamus to quash the false FIR against you filed by the police on the basis of false report of your opponent who is the actual culprit.. It takes about 1 or 2 years to get disposed off.Also apply for Anticipatory Bail;.
Guest
(Expert) 18 April 2018
From your description there seems no specific reason not to rely on your own lawyer. Better get your doubts cleared from your own lawyer first and if you still have any doubt come forward with his opinion to get 2nd opinion of the experts. Discuss in detail how your lawyer is making you fool. Simply assuming that your lawyer is making you fool does not make any sense to ask your question.
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Querist :
Anonymous
(Querist) 18 April 2018
My lawyer told me he will get proceeding stay by 8th April but till now he did not, my case is belong to Agra so anticipatory bill is not allowed in UP, anyone of you able to get me.out from this situation with a reasonable fees, I am working in private company and cannot afford to much fees please WhatsApp me or contacte.on 9953110928,
Querist :
Anonymous
(Querist) 18 April 2018
My lawyer told me he will get proceeding stay by 8th April but till now he did not, my case is belong to Agra so anticipatory bill is not allowed in UP, anyone of you able to get me.out from this situation with a reasonable fees, I am working in private company and cannot afford to much fees please WhatsApp me or contacte.on 9953110928,
P. Venu
(Expert) 18 April 2018
The posting lacks clarity. Please post simple facts devoid adjectives and your personal opinions.
Guest
(Expert) 18 April 2018
If your lawyer made false promise to you and you can't rely on your lawyer, you have the need to change your lawyer to practically represent your case in the court. Contacting through WhatsApp or on your mobile by anyone may not help you in anyway in the court trail. You have to fight your case through some competent lawyer. No other alternative.
Querist :
Anonymous
(Querist) 13 May 2018
I got the proceeding stay for 21 days, attached is stay copy, do i get the bail easily or any risk of custody is invovled
Querist :
Anonymous
(Querist) 13 May 2018
I got the proceeding stay for 21 days, attached is stay copy, do i get the bail easily or any risk of custody is involved,
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State
and perused the record.
This application under Section 482 CrPC has been filed by the
applicants with the prayer to quash the further proceedings in
Complaint Case No.36 of 2016 (Navneet Bansal Vs. Narayan
Kumar Jain and another), under Section 386 IPC, Police Station
Rakabganj, District Agra as well as summoning order dated
23.09.2017 passed by Additional Chief Judicial Magistrate, Court
No. 12, District Agra.
The contention of counsel for the applicants is that no offence
against the applicants is disclosed and the present application has
been instituted with a malafide intention for the purposes of
harassment. He has also pointed out certain documents in support
of his contention.
From the perusal of the material on record and looking into the facts
of the case, at this stage it cannot be said that no offence is made
out against the applicants. All the submissions made at the bar
relate to the disputed questions of fact, which cannot be adjudicated
upon by this Court under Section 482 Cr.P.C.
At this stage, disputed question of fact cannot be considered,
therefore, in view of the law laid down by the Hon'ble Apex Court in
the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866,
State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of
Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu
Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another,
(Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the
summoning order is refused.
However, it is directed that if the applicants appear and surrender
before the court below within three weeks from today and apply for
bail, their prayer for bail shall be considered and decided in view of
settled law laid down by this Court in the case of Amrawati and
another vs. State of U.P. reported in 2004 (57) ALR 290 as well as
judgment passed by Hon'ble Apex Court in the case of Lal
Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3)
ADJ 322 (SC).
For a period of three weeks from today or till the applicants
surrender and apply for bail, whichever is earlier, no coercive action
shall be taken against the applicants. However, in case, the
applicants do not appear before the court below within the aforesaid
period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Guest
(Expert) 06 June 2018
Where arises the question of sticking to the earlier views of the expert about filing a writ mandamus to quash a false FIR, when he has stated that his lawyer had already filed for quashing of FIR?
She should have given her fresh advice after the querist explained about the status of his case after filing for quash of FIR. That is another thing, if she does not have the ability to advice the querist any more after he explained the latest position of his case.
Guest
(Expert) 06 June 2018
Where arises the question of sticking to the earlier views of the expert about filing a writ mandamus to quash a false FIR, when he has stated that his lawyer had already filed for quashing of FIR?
She should have given her fresh advice after the querist explained about the status of his case after filing for quash of FIR. That is another thing, if she does not have the ability to advice the querist any more after he explained the latest position of his case.
Guest
(Expert) 06 June 2018
Where arises the question of sticking to the earlier views of the expert about filing a writ mandamus to quash a false FIR, when he has stated that his lawyer had already filed for quashing of FIR?
She should have given her fresh advice after the querist explained about the status of his case after filing for quash of FIR. That is another thing, if she does not have the ability to advice the querist any more after he explained the latest position of his case.
Ms.Usha Kapoor
(Expert) 29 June 2018
Dear Client,
Belatedly, Just now I've seen your query just-now.Since already you filed quash petition u/s 482 CPC No writ is necessary.
Regards,
Ms.Usha Kapoor
(Expert) 29 June 2018
I stick to my view. However the client is pursuing another remedy of quashing the petition u/s482 CPC(inherent powers of civil court)
Ms.Usha Kapoor
(Expert) 29 June 2018
I stick to my view as above. EXPLANATION i've given in another thread.
Ms.Usha Kapoor
(Expert) 10 July 2018
Once quash petition is filed Writ peti9tion is not necessary.
Ms.Usha Kapoor
(Expert) 10 July 2018
Once quash petition is filed Writ peti9tion is not necessary.
Querist :
Anonymous
(Querist) 17 September 2018
Either me or my father appearing on court dates from last 6 months but the person who filed a false case against me not appearing in court and filing medical reason, second party want to annoy us that why they are not coming to court, now what to do how to get relief from this false case, now next hearing date is 3rd oct,
Please advise what to do
Querist :
Anonymous
(Querist) 21 September 2018
Pleas advice, Either me or my father appearing on court dates from last 6 months but the person who filed a false case against me not appearing in court and filing medical reason, second party want to annoy us that why they are not coming to court, now what to do how to get relief from this false case, now next hearing date is 3rd oct, Please advise what to do
Guest
(Expert) 21 September 2018
What for you have engaged a lawyer, if not guiding or advising you?
If not helping you appropriately, mush change your lawyer. That is the only remedy, otherwise, even if guided by any LCI expert that may prove to be useless for you.
