cpc

false 324 section case


 

Dear Sirs,

 

I would like to seek your expertise advice in the below case. We, 6 persons of a (friends) group had party and all of us had liquor one night in mid of July 2014 and every one back to home as usual that night. But to our surprise, we come to the next day that one of the friend got accident that night and one of his leg was fractured when he went alone somewhere. More surprisingly we come to know that the guy’s family members filed a section 324 case against 5 of and the date of filing the case unknown. But in mid of October 2014 police called 4 of the friends to come to police station and 3 went, then the police showed arrest and granted station bail by taking witnesses signature. The 4th one didn’t go as they showing arrest fearing which may impact his government job. The 5th one which is my self-staying abroad and the police didn’t contact me. This is completely a false case against us. Could you please help me on the below points:

 

Can the police arrest the 4th one and call me to come back to India without any evidence?

 

Can the police file charge sheet against us in the court without any evidence?

 

What other steps police can take against if there is no evidence available in this regard?

 

Is it must for us to attend the court?

 

Will this case affect the government employee in any way during investigation if they arrest and grant police station bail?

 

What could be the end of this case as we are innocent?

 

Please help us advising us in this regard. 

 
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Advocate

Dear, You will have to appear at police station whenever asked to take bail, if no evidence is collected then police will file closure report. It will not affect the govt job unless charge sheet is filed. Adv kapil chandna, 9899011450
 
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Can the police arrest the 4th one and call me to come back to India without any evidence?

yes !
 
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Can the police file charge sheet against us in the court without any evidence?

no !

 
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What other steps police can take against if there is no evidence available in this regard ?

if there is no evidence , no step can be taken by the police !

 
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Is it must for us to attend the court?

if there is evidence ,and police find accused then yes !

 
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Will this case affect the government employee in any way during investigation if they arrest and grant police station bail? no , not at all!
 
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What could be the end of this case as we are innocent?

 as per you if you are innocent then you will get acquittal from court !

 
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Dy Director

Will this case affect the government employee in any way during investigation if they arrest and grant police station bail?

 

Ans : He has to inform the deptt when getting a bail.  At present he is a run away man not cooperating to police.  The way he is behaving the police may not grant station bail (they have multiple ways to legalise it )and if he remains in custody he will be deemed suspended. If he annoys the police they will ensure that 48 hours are completed and will inform the deptt and also will advise him not to inform the deptt and land in nothr trouble of allegation of non-intimation of arrest and detention. 

 
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Dear Sirs,

I thank you very much each of you for your valuable time spent for me to advice in this regard.

If you don’t mind, could you clarify me some more points like..

How police can file a charge sheet? If they produce some fake evidence (as the other party is financially sound and can influence police) do they have to file each one of individual role in the charge sheet? Is it acceptable the family members witness to accept the charge sheet by court?

If they produce some fake evidence / witness in charge sheet, will the court just accept it blindly and put us on trails?

What are the steps the court will take to accept the charge sheet and put us on trail?

I really thankful for all your advices in this regard.

 

We are very normal people and facing this issue just for nothing.  

 
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