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rupeshreddy (student)     04 January 2017

354D 506 false case chargeshet filled

Hi everyone Police filled chargesheet. In That following things in investigation which is totally not true. 1)i followed girl from one place to another 2)text that she have that if u didnt i wil tell ur mom dad that u cheat on me. Police took witness of her mom dad. They even dont know that she was in relationship with me After i got bail. That girl texted me that she wan marry me n forcing me to talk witg her she love n all rubbish. She even said on call that her father forces to fill case against me. After the date court gave me 1st date. Can anyonr tell what to do? All was false case ? Afrer case she callinh me daily. Im trying to not get more trouble. Guide me what to do. I wanna tell her family n i want b safe in future too.


Learning

 4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     04 January 2017

Sir, 

 

Please share the documents, if the allegations and evidences collected are false, then we can go for quahsing or can go for discharge at the stage of chare framing. 

 

Warm Regards 

Kapil Chadna Advocate 

9899011450

https://kapilchandnaadvocate.wordpress.com/

Praveen Goud Vanga (Advocate)     07 January 2017

Dear Friend,

both 354(d) and 506 Ipc are bailable offences and both are compoundable if the complainant I mean the person who gave the complaint is ready to give consent not to prosecute.

 

This would be a easy solution now ur saying the the girl texting you keep a record of all those messages. Tell her to withdraw the case and then you would think about marriage and all once the case is withdrawn you file a case on her by showing the messages that she is harassing you.

hope this helps

regards

Praveen Vanga

Advocate (Hyderabad) 9985016202  

SOLOMON.RAJ (advocate/director)     10 May 2017

Dear friend,

                         The following are the remdies for you:

 

                    1) If the girl is regretting for filing a false case against you you can very well ask her to withdraw the case.

                    2.) you can defend yourself in the trial court since your statement says that they have no proof and there are                                      chances of you getting acquitted in the absence of any evidence against you in any case the allegations are false                          as per you.

                   3.) You can appraoch the Hon'ble High Court seeking Quashing of the FIR against you.

 

Solomon Raj
                  L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. , India
Attorney/Consultant,
Director, Justice League,
Indian Ombudsman U.E.(U.S.A.)
BHARAT GAURAV SAMMAN AWARDEE
Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad.
Vice Chairman, 37th U.C.C. ( T.S.),                      
National Vice president, All India Christian’s Council,
Legal Chairman,  All India Christian’s Council,
Legal Convenor, Y.S. Raj Shekar reddy Congress Party,
Lok Adalat Member, A.P.( Ex)                      
Hon'ry Advisor, St.Joseph's School,
Television Speaker & Theologist,
Core Committee Head, For drafting Act of "Protection of Christian Properties" (In United Andhra Pradesh). 
Ph:+91-9866545086,
______________________________ ______________________________ _______________

 

 

Rohit Krishan Naagpal (Advocate)     18 June 2017

In Indian criminal law the accused has no role to play till filing of chargesheet ! Once chargesheet is filed the court hears the accussed on point chrage and can discharge the accused if charges are found groundless ( See Section 240 Cr.P.c for magistrate trial :-

240. Framing of charge.

(1) If, upon such consideration examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in opinion could be adequately punished by him, he shall frame in writing a charge against the accused.

(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.

If charges are framed then the accused has full right to cross examine the witness where he can elcit truth in his favour 

242. Evidence for prosecution.

(1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 241 Magistrate shall fix a date for the examination of witnesses.

(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.

(3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution:

Provided that the Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.

Further after cross examination of prosecution witness the accused has right 

 

243 . Evidence for defence.

(1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record.

(2) If the accused, after he had entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing:

Provided that, when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice.

(3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in court.

 

So dont worry you will have ample opporunity to prove a case a false !

 

All the best


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