cpc

false case mistaken identity


Dear experts, I am a new lawyer with very little experience and I am looking forward to your advice in one matter. My client has moved the High Court in respect of a long-standing police inaction issue. My client's allegation was agaisnt some government officials which was not properly dealt with the police. The police responded before the High Court by stating that I am a chargesheeted and absconding accused in another matter. I was completely unaware that a false case has been filed by these government officials against me and that chargesheet and warrant has been issued against me. The address, age and spelling of the father's name of the accused in the matter does not match with mine and it is consistently so in all documents (FIR, chargesheet, 161 statement, etc.). There is also evidence that I met with the police officials (other than the I.O. of the case) while I was being shown as absconding and I have been attending court and taking bail in other matters. The police inaction case pending in the High Court has been delisted with liberty to mention the matter after securing bail. There is also a direction on the SP to look into the matter and verify if the investigation was properly done. Now my question is if I can take benfit of the fact that the age and address is not the same and somehow avoid facing trial? Can I claim that the case has been filed against some other person and the state has wrongly claimed that I am the accused in the matter? Should I move for regular bail or seek anticipatory bail (since this is an issue of intentionally mistaken identity)?

 
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+ 91 9225510883

Hi,

You can claim that the peson described in the chargesheet is not him.. but then whom you are going to represent while applying for the bail?

Secondly,, merely the spell or typographical mistakes cannot support you for long.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in  

 
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Sir, thank you for your response. Like I said, the only issue is not the typographical error. I have visited the P.S. and submitted complaints, met with the SP and other high ranking officers to submit representations. There are documents in this regard. At the same time, police is claiming I am absconding.

 
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LEGAL CONSULTANT

Ankita are U the lawyer or the accused?

 
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