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Surya kkkkk (software engineer)     02 October 2018

Need help..Wrong fir on me

Sir I in usa since 4 years.my family did engagement with girl without saying me. Now police fir on me as accused 1 with IPC 416,420,506 Query:on what laws i can say fir is base less and lawless since i am not in india


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 5 Replies

Dr J C Vashista (Advocate)     02 October 2018

Show the copy of FIR to a local (where FIR has been lodged) lawyer for appreciation of facts, analyse and guide.

It is unbelievable statement that a person has been slapped with FIR while putting up abroad ??

Vijay Raj Mahajan (Advocate)     02 October 2018

Your actual resident status in USA not disclosed. As such if you were not present in India when the offence alleged to have been committed and there was no direct association with the complainant based in India the charges made against you can be set aside by filling appropriate quashing petition in the High Court of the state where the complaint was registered against you. With your Power of attorney, advocate in India can file quashing petition and get your name out of the complaint.

N.K.Assumi (Advocate)     02 October 2018

In addition to the opinion of learned experts, I would suggest that you file application under section 207 of CrPc, through a lawyer to obtain the grounds of arraying you as an accused.  

G.L.N. Prasad (Retired employee.)     02 October 2018

Before approaching get all facts recorded in document such as complaint, FIR etc. and then file this as grievance to SP by way of EMAIL pointing out violations to harass your family.   You can follow the expert guidance above after exploring possibilities of settling out of court or some other remedy, before entering into complicated criminal litigation.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     02 October 2018

If the facts are true, you can get discharged by moving appropriate application before I.O. and if the matter is before court, get yourself discharged by moving appropriate application before court. But it does not show innocence on the part of your parents/relatives who committed offence, if they made an engagement, may be with financial consideration. They have to go through trial.

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