Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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poonam (Incharge)     13 October 2009

False implication in a criminal case

A person known to me has been falsely implicated twice in criminal case.

1. u/s 186/353/307 IPC &25A Act

2. u/s 411/482 & 25A

what  step can we take.

What can we do if police forcebily or by cheating  takes a person in custody.



Learning

 26 Replies

Deepankar Dutt Sharma (Advocate)     13 October 2009

These are the serious issues do the required to get the anticipatory bail.

Contact me if required

Deepankar Dutt Sharma

09871033793

deepankardutt.sharma@gmail.com

Sachin Bhatia (Advocate)     13 October 2009

If a person implicated in a case then there is no other for him apart from facing a trial. He has to strongly defend him self. Better to engage a local lawyer.

Feroz M Shafeeque (Police Officer)     13 October 2009

Of course, the person should defend the case.

 

Apart from that do make complaints to Human Rights Commission, Superior Police Officers and such other forums available in the State against the officers responsible.

Jamshed Bey (Lawyer & Legal Consultant +91 9810136627)     14 October 2009

Dear Ms. Poonam, first of engage a lawyer and then proceed further. Your defence is important at this stage.

Adinath@Avinash Patil (advocate)     17 October 2009

FACE THE TRIAL,DEFEND STONGLY,YOU NEED GOOD LAWYER FOR YOUR DEFENCE.

Anil Agrawal (Retired)     31 October 2009

 Why not file a suit for defamation and claim damages?

SANJEEV KUMAR (STUDENT)     22 November 2009

Defamation/malicious case is possible only when she is aqutted in lower court.

Get the Anticipatory bail if provisions are in state (since in some state AB provisions are not there like UP)

sanjeev

SANJEEV KUMAR (STUDENT)     22 November 2009

,

Defamation/malicious case is possible only when she is aqutted in lower court.

Get the Anticipatory bail if provisions are in state (since in some state AB provisions are not there like UP)

sanjeev

Anil Agrawal (Retired)     22 November 2009

 I stand corrected. Yesterday, Harish Salve, the noted lawyer, opined that if you file a defamation case, it will be decided during the life time of your grandson and in all probability against you.

SANJEEV KUMAR (STUDENT)     29 November 2009

Res Anil Ji

it is right the court cases are taking lot of time for completion. but still case should be pursued in case false cases.

Anil Agrawal (Retired)     29 November 2009

 It is an idealism to which we get accustomed to at young age.

SANJEEV KUMAR (STUDENT)     01 December 2009

Res Anil Ji

when a person becomes accused in false cases he can look upto the court only for justice since in false cases god and magistrate are one. Options become open only when accused person is accuitted only. "State" becomes against the accused and accused (the poor chap) is left with only one option to persue the case. You can say it idealism or helplessness inthe hands of law which allows the false cases to be pursued which even illiterate person can reject.

sanjeev

 

Anil Agrawal (Retired)     01 December 2009

 Mr. Sanjiv

You have misplaced faith in law and judiciary. We are part of a corrupt society. False case itself is the proof. On the basis of false proof,  a person is convicted. What can you and I do? You do not seem to know that thousands and thousands of persons are languishing behind the bars because either they cannot afford bail or there is no body to fight their cases or police and judiciary has no time for them. Almost daily we read that a man in the prison for 10-15 years was found innocent. We also read about custodial deaths and lamentation of judiciary about it. 

Law is for rich. Case: Manu Sharma and look at the cheek of Chief Minister of Delhi justifying her granting him parole despite Delhi High Court castigating her.

SANJEEV KUMAR (STUDENT)     02 December 2009

Res anil ji

what i write in this forum is out of  experience of false case of my close friend. Now read the gist of case and decide which the Hon'ble court could not decide and allowed the process of court.

1. The complainant (already accused) files a private case u/s 156(3) against six persons (one of 70 yr old and 65 year old lady) alleging that all the six persons came from delhi to a distt which is 225 kms away in UP and beat him and went away before the crowd of a lot of persons and generated false medical report and produced 3 false witnessess and deposed before court u/s 202/200.

2. they cooked case for 3 years (22 court dates) and court issued summons on file and summons never sent  to delhi.

3. The complainant got NBWs issued against all 6 persons.

4. Accued can not get Anticipatory Bails. and god helped since all were away on death of close relative 

5.any how accused got bails .

6. initially Now complainant did not coperatated with court and sought exemptions on filmsy grouds.

7. On stiff resistence from defence lawyer the complainant has been fined many times and even NBWs issued against complainant.

8. On strong protest from the defence the complainant was forced to give evidence u/s 244 and was cross examined.

9. since last 2 years the accused are faithfully going to court and attended 20 dates and case is going on...............................for atleat further 4 dates.

This is good example of court misuse/misuse of legal procedures and pls decide who is responsible for encroachment of right to life and liberty of accused persons.

sanjeev


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