Wrongly arrested for Case 324
Sush
(Querist) 24 January 2019
This query is : Resolved
I was arrested for crime which i have not done for case 324. I was then later given bail for the same in the police station. The complainant bymistakenly said yes to me because some similar face person hitted him. Later the complainant accepted that it was his mistake. He is ready to say in police station. But police is not ready to remove my name from the case . The are now filing chargesheet in the court. Now even i received some chapter case notice to appear in acp dcp office.
What should i do to get out from this. Kindly help. Please
Vijay Raj Mahajan
(Expert) 25 January 2019
Engage competent advocate for the case to sail you out of the troubled water, by yourself this won't be possible.
Dr J C Vashista
(Expert) 25 January 2019
Consult and engage a local prudent lawyer for proper guidance and proceeding.
Sush
(Querist) 25 January 2019
I dont wont the chargesheet to be filed on me. The case gonna take years. Even i dont wont to sign bond. As i hav not done anythng. A proper guideline to get out of it? Someone said police can me 160 dairy and remove my name. But now police are like no see in court.
Sush
(Querist) 25 January 2019
I dont wont the chargesheet to be filed on me. The case gonna take years. Even i dont wont to sign bond. As i hav not done anythng. A proper guideline to get out of it? Someone said police can me 160 dairy and remove my name. But now police are like no see in court.
KISHAN DUTT KALASKAR
(Expert) 25 January 2019
Dear Sir,
If charge sheet is filed then file application under Section 239 of Criminal Procedure Code by producing affidavit of complainant saying that you have not committed any offence.
Please mark “LIKE” if satisfied by my answer.
Sush
(Querist) 25 January 2019
If charge sheet is not filed can we give the affidavit in the police station for removing the name from the case
Vijay Raj Mahajan
(Expert) 25 January 2019
Note it very clearly, if FIR is registered against you, the police has to file it's report under section 173 CrPC in the court. Now that report ask for your prosecution which is most likely, or for closing the criminal complaint against you that cannot be predicted.
That report under section 173 CrPC only become the charge sheet.
Your giving affidavit etc.in police station will take you nowhere, what has to be done decided it has to be by the court not police authority, hope this clear in your mind. For this reason I advised to engage comptent advocate.
Sush
(Querist) 25 January 2019
When FIR was lodged there was no name on it. It was like number of them hit me. Police has made me the one of them even when i was not there in the matter
Dr J C Vashista
(Expert) 25 January 2019
Once case is registered and FIR is lodged u/s 324 IPC, you are bound to join investigation.
Police has no authority to admit you in bail as stated by you, if the case is registered u/s 324 IPC, which is a "cognizable" and "non-bailable" as you have been alleged to have voluntary caused hurt and used a weapon or means.
The Trail Court may also decline the bail till final report/ (u/s 173 Cr PC) and charge-sheet is filed by IO.
You have no alternative but to engage a local prudent lawyer for your defence.
If you are located in Delhi and may feel, may contact me (on appointment) at :
Ch. No 647, 6th floor, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com
SHIRISH PAWAR, 7738990900
(Expert) 25 January 2019
It is better to fightout the case and get aquittal from the fake case. Appoint advocate for contesting the case.
P. Venu
(Expert) 03 February 2019
First of all, you may obtain copies of all the documents from the Court and then decide the course of action. If the complainant gives the affidavit as promised, there, certainly, is a way out.
By the way, how you are involved in another case? How it is related to the other matter?
