Yogi (NA) 24 July 2014

Fake case filed against me and my family in noida court

This is to bring to to your notice that, I'm a resident of Mumbai and a guy who is resident of Ghaziabad has originally filed a case against me for kidnapping , which he along with bribed police person turned to 420 & 406 CPC during investigation as the date for which he filed that I had committed the crime, I was not in country (India).

Still the SHO filed chargesheet by creating fake evidences and using bribe in ACJM, Gautam Budhh Nagar, Noida.

This all has started because this guy got married to a colleague of mine who was forcefully married to him by her parents.

She was beaten up in a very inhuman way when she did not accept the marriage.

She was locked up in a room and was tortured mentally and physically by the boy and also by her(girls) parents. They tried and forced her to leave her job. When she came to know that they were planning to kill her (Honor Killing) and will show that she has committed suicide she escaped from there alone without anybody’s help on 3rd May 2013 from Agra (parents house) and not from the guys house(as mentioned in FIR).

These people (Guy and girls Family) lodged a false FIR that she was kidnapped for 50 lakhs jewllery and money by me and my friends.

Later the girls whole family and the guy came directly to Mumbai office along with Noida Police, on the pretext of taking the girls statement.

She gave written statement that she came out of my family because of the unbearable mental and physical torture. No one has influenced, pressurized or kidnapped her.

The police inspector also said this is a false case and the girl has given statement so he will close this case.

Later the girl was sent onsite (USA), and just because the guy feels that I am with the Girl in US, he has started harassing my family with all the false things and getting quick dates for hearing and sending out summons and stuff.

These people are politically and financially very sound and are bribing everyone to continue in the false case.

They have involved my family in the case and have bribed each and everyone in Noida court including the judge, to not even hear what we say.

Please help/advise me, As I am currently in USA and my family (Mom-Age 59 & Dad - Age 61) are suffering the wrong consequences because of this false case filed.

We are financially not very strong to fight against this injustice that is happening.

If I come to India to help my family, they will get me arrested and then in custody/or outside can do harm to me.

Also, Note the following steps have been performed till date -

1) September 2013 - Chargesheet files

2) My Parents applied for Quashing of chargesheet on their behalf - High Court provided stay for 45 days

3) My Parents applied for Quashing of chargesheet on their behalf - Supreme Court provided stay for 30 days

4) My Parents applied for bail and received Bail and have applied for exemption in Gautam Budh Nagar Court, Noida. - Result awaiting since last 4months the judge keeps on giving next dates and does not pass the order.

5) The guy has started pushing for my NBW now as I am not in country since the start, none of the actions have taken on my behalf as no summon, warrant has been ever served to me.

Please advise and let me know if any copy of documents or further information is required.

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6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 24 July 2014

Dear Querist

you have to filed writ petition for quashing before HC, if you have evidence regarding your presence in Out of Country based on the Principle of Elibi Your case will be quashed.

Yogi (NA) 24 July 2014

Thank you Nadeem Sir. My concern is that the police themselves have mentioned in the chargesheet filed that I was not in country and then changed the case for 420/406. The same has been pleaded before the hon'bl High Court during my parents writ petition filing, mentioning that the original case was of kidnapping and when found the accused not in country it was later changed for 406/420 and then involved my parents too. I fear that if the plea does not quash the case, I will have to surrender and I have threat of honor killing by the guy as they belong to UP and can go to any limits. They have even faked signatures of my parents and morphed photographs of the guy n girl and also tickets n tours of them. Thankfully not with me. I am trying a sure shot way of ending this without me travelling to the country. Appreciate your response and guidance.

Yogi (NA) 24 July 2014

Let me know in case more details are required for this.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 24 July 2014

Dear,

Don't panik, just mention all these facts before the concerned bench when the matter comes up for hearing and I am sure the court will set the police people right and at the same time you can file the application of police protection for yourself and your family (as you fear that they can harm you and your family).

Advocate Kapil Chandna

9899011450

Yogi (NA) 24 July 2014

Thank you Kapil Sir,

I understand that keeping the facts during hearing would be right.

My parents have been doing the same for last 10 months. You wont believe the amount that I have spent giving the lawyers/travelling, as my family needs to travel from Mumbai to Noida (1500kms) every 10days, as the court gives dates every 15th day.

There are dates when 50% of the time the judge does not come and my parents need to return back just like that. The person is a localite and has no life/job and is easy for him to spend few hours.

We need to book train tickets, which are never available, so go through the agony and pain of agents/tatkal/flight, and I have ended up spending lakhs just for the travel.

Also, with me travelling back to India and following the process does not ensure that this would work and close out soon, I am a working individual and no employer would allow its employee to take 3-4days leave every 10-15days. Also, as the girl is outside the country the case would still not go to hearing and I would harassed for my life.

I have been trying to follow the law and have ended up seeing no outcome. It is shameful that the law in my country can not even read the document and then accept a case as if you read the document, one can easily figure out that is a made up story.