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Zaheer Khan (Customer Support)     15 October 2012

Need help on 323, 324, 34

 

Hello Lawyers,

A person from my area has registered a case on me and my brother for sec 323, 324, 34 last year. My brother and me were bailed out. Its a false case, it was just a normal argument which led to physical but nothing dangerous., But accidently he fell down and he got stiches on his elbow 3-4 stiches. He filed a complaint against me and my brother in which my brother was not at all involved. The following things i would like to let you know:-

1) This happened during playing cricket. Only Building people are allowed to play.

2) No one was ready to go to police station from his side, so he decided to call his friends outside building who were not present there.

3) We also have witnesses that too from building but waiting for the date to come. i think i have the benefit because we have building friends who are ready to support.

4) Till how many months will this case continue. And if We proved guilty will it be a fine or jail?

5) Can we also file a case against their witness to withdraw the case?

6) What does usually happens in this scenario?

 

Please help me out with this one. Looking forward to hear from you;ll at the earliest.

Thanks 



Learning

 1 Replies

sriram kartik (Advocate)     20 October 2012

Mr Khan

Sec 323 and 324 are serious but not that much serious  in nature but it will surives you when you have evidence on your side.

1.  I have to say one more thing that if you can prove, you can file Quash Petition before the Hon'ble High Court under Sec 482 Cr.P.C.

2. If your brother is not involved in the said case he alone can move a Quash Petition and you have wait till his Quash petition is allowed or dismissed

3. This Type of Offences it takes min 1 year and Max the wish of the Court.

4. If you want to file you can file Discharge Petition in the Court where your case is running and you have to attend the court for every adjournment till the disposal of the case.

5. If you file any case against the witness your bail will be cancelled and you have to go to jail till the disposal of the case.


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