Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ajeeet (Executive)     18 August 2015

Filling same fir's to harrass

Hi Seniors,

My uncle was arrested under section 420, 467, 468 and 120B. Now the opposition party is filling similar FIR's (word to word same) for other people. The allegation and everything is exactly similar.

Is there a way or procedure that we can stop the cops/156 (3) to file more similar FIR's. means are there any procedure for same. This is for Allahabad high court.

looking forward for your advice.



Learning

 5 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     18 August 2015

Can U elaborate the reasons for the arrest of UR uncle? What are the intentions of the opp party in filing such cases?

Ajeeet (Executive)     19 August 2015

The reaons for arresst for that uncle has created fake power of attorney of the person who sold the agriculture land to my uncle. The trial for the same allegations is already running in delhi.

The person from whom my uncle bought the land died some 20 years back and none of their legal heirs has ever challenged the power of attorney during these 20+ years.

However the opposition party's intentions is to grab the complete land and are trying their best that my uncle remains in jail till they don't sell it off. as they have now shake hands with the owners (from whom my uncle bought the land) children's and have their writtent statement that their father has not given any power of attorney. But these children were sleeping for last 20+ years.

Please suggest.

SAINATH DEVALLA (LEGAL CONSULTANT)     19 August 2015

Sold the land to UR uncle and in turn UR uncle sold it to someone else more than 20yrs back.OK. Who has given POA to whom?

Grabbing the land from UR uncle and send him to jail,U R not clear in this aspect.U also said some land related are running in Delhi,explain.

What made his children sleep over the matter for the past 20yrs?

Ajeeet (Executive)     19 August 2015

My uncle bought land from A and got the power of attonery, registry was not done till date. Then my uncle was selling pieces of this land to people as and when required. This land was bought by my uncle some 30 years back. Then one of the person B who bought land from my uncle went to person A and gave him money and again got the Power of attorney on his name, note the POA given to my uncle was not cancelled.

A died some 20 years back.

Now B got in touch with all such people whom my uncle sold the land, and i think there plan is that now they want to sell the land as they got the POA. B also got the written statements last year from A's legal heirs that there father has not given any POA to my uncle.

The allegation made on my uncle is that he created fake POA and and sold the land. My uncle has also taken loan of good amount and the oppossition has alleged that my uncle didn't had any authority to sell the land and POA is fraud and hence the loan is also taken my misleading bank.

The allegation regarding POA being fraud, the trial is already running for same in delhi and opposition has filed FIR's in UP with same allegations now.

Please help me how to break the opposition strategy and to get some relief from honorable court.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     19 August 2015

First they have to establish that the POA at the disposal of UR uncle is fake.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register