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Amit   12 December 2015

False criminal case under section 420

Hi, I am seeking expert opinion about a case where my Mother in Law, along with my wife and brother in law have been implicated in a false criminal case in ghaziabad (UP)

Case Details : My Father in Law had taken a shop on rent and after his death, the landlord filed a civil case on my Mother in Law for sub-tenancy. In the documents furnished for civil case, my Mother in law had furnised some of old rental reciepts given by landlord to them. These reciepts were also confirmed by my Mother in Law in her testimony in court.

After this the landlord filed a criminal case that the reciepts are fraud (the reciepts were actually not what we had submitted in court. In the case file documents submitted by our lawyer, the document says Reciept No 123(for which we also have a photocopy) while the attachment with the documnet is a fake reciept with a different series. I dont know how the reciepts got changed. Our lawyer had not taken a certified copy earlier so that is also not in our favour

To this criminal case filed by landlord, some lawyer advised that we should file a case against our lawyer or our lawyer should file a case for change of reciept, but our lawyer didnt wanted to file that case. And we didnt wanted to file a case against our lawyer so he filed a petition under section 340 (i guess) which was rejected by court, for which we filed a revision also that our reciepts were changed by using a different lawyer. 

The current status is that revision has been rejected, and the judge has given a date of 11 Jan to be present in court. Now we need advice as what to do and have following questions

1) What are the options now for us - will my mother in law, brother in law and wife will go to Jail. Please tell us what should we do

2) While the date is of 11 Jan given by Judge in her orders, some of the lawyers are saying that the landlord by giving bribe can get the arrest warrant issued before that

3) My Brother in Law is now not a party to civil case (his name was removed along with my wife's from Civil case), but the criminal case has both their names. What can we do about as my brother in law has a job and is not a party to civil case. Similarly my wife, has been married after my father's in law death and has nothing to do with the property/case

 



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 1 Replies

Amit   12 December 2015

Have one more question now that at we are at this stage of criminal case, if we agree to give the shop back to the landlord, can we get this criminal case off or not


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