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aksaks1234 (Store Owner)     01 June 2011

False case of Harrasement and claims

Hi,

By brother sister parents have put a case against my brother at their place.

They have done the same under section 156(3).

Thye claim that we harassed their daughter and demanded dowry.We have never asked for a single rupee from them.

Girl did not want my mother to stay with them. Her parents keep threatning my brother.

They took her once and she came back after 5 months after much persuatiuon.

She went to Singapore without intimation to my brother.

Kindly advice what we should do as my brothers in laws are rich people and can pay money anywhere to get us down.



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 3 Replies

aksaks1234 (Store Owner)     01 June 2011

read My brother wife parents for first line...sorry for typo

Tajobsindia (Senior Partner )     01 June 2011

 

@ Author

1.
Since it is a S. 156 (3) CrPC pvt. complaint case if alleged allegations show "prime facie" ingredients of charges they are praying therein then by applying application of mind a Magistrate is empowered to issue showcause summon to your side [calling them as accused person(s)] otherwise they have to lead evidences as it will be converted into a S. 200 CrPC complaint case if they are not able to prime facie establish from their side charges.


2. At this stage your side has no role to play in concerned Court as your side is referred to as 'proposed accused' and based on facts whose special knowledge only your side have if your side really think as stated in brief then one can approach HC for quashing the S. 156 (3) CrPC complaint case stating / pressing "abuse of process of Court" and for the same ‘extraordinary grounds' needs to be pleaded before State's HC. For reference you and your side’s subjective ld. Advocate may refer to
Re. K.K. Modi Vs. K,N, Modi & ors. SC Citation dated
04-02-1998


3. Hence suggested to discuss with papers of the suit from your sides all facts as in-chamber consultation with Jurisdiction ld. Advocate before acting on above instructions.  
PS.: A proposed accused can apply for certified true copy of entire file and there is no Bar that only when he / she / they are called accused they are allowed to get certified copies of the case file in which they are currently at "proposed accused" stage. There are ruling from SC as well as various HC's colly. have said the same as hinted herein.

aksaks1234 (Store Owner)     01 June 2011

Certified true copy has to be asked from Police of our city where we live( Police came to my brother asking some questions where he lives) or from the court where application has been filed.

My brother in laws had visited my brothers place when he got transferred and bought double bed and fridge that time.They have offered the same to my brothers landlord and some more money to testify against us.Police came to ask details to landlord and we are sure they will ill spoke for us as they are @ to get goods 1 lakh free of cost.

How should i safegaurd my brother....he is very tense and may loose his job also because of these issues.

Landlord wants my brother to leave the house....what should we do @ the double bed and fridge....we dont want it..but can they put false claims that we have stolen it if we leave house and landlords put them away to someone.


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