Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

padma (law student)     24 August 2013

Perjury/defamation case...pls need your help

I have lodged a complaint against my husband, his parents, his sister, his brother-in-la and his uncle in police station. the complaint was registered in the year 2007 U/S 498A IPC , Sec 3&4 of DP act. police investigated the case and enquired my husband neighbours ( 3 persons) , my relative, my family friend, and my parents and myself and the police recorded all of  us Sec 161 Cr.P.C statements in  Feb 2008 and filed charge sheet against 6 accused. the court took cognizence and numbered. my husband sister, his brother-in-la, his uncle filed criinal petitions before high court to quash teh proceedings in the lower court against them. the high court quashed proceedings against my husband sister and her husband only.  the lower court or trail court splitted the case against his uncle due to stay in the high court. the trail court conducted trail against my husband, his parents. my husband neighbours(3 of them) , my uncle, my family friend, my parents and myself gave/deposed evidence before the lower court. the lower court convicted my husband and his parents for the offenses u/s 498A IPC, sce 3&4 of dp act to go for 2 and half years imprisionment. later his uncle's quash petition was dismissed by high court.  now the lower court is conducting trail against his uncle.

my husband and his parents filed appeal against lower court/trail court  judgement in Sessions court. the sessions court acquitted them. i filed criminal appeal in high court against teh said Sessions court judgement. the appeal was already admitted in high court and my hsuband and his parents are contesting it and it is still pending.

10 days ago, my husband and his parents sent legal notices to me, my parents and the wittnesses in my 498A case ( my hsuband neighbours, my uncle, my family friend) seeking Rs. 30 lakhs towards compensation saying that we filed false case and the wittnesses falsely gave evidence brofre teh lower court. so their reputation was damaged. so they are demanding Rs. 30 lakhs towards compensation.

1. the first thing is it is a police case. the second one is appeal is pending against them in high court.

my questions: how they prosecute my witnesses, my parents, myself in a police case when a appeal is pending. what should we do now. please advise.

thanks



Learning

 3 Replies

Advocate Vishnu (Advocate)     24 August 2013

Nothing to worry.Ignore the legal notice. As the matter is pending before the high court, you need not worry about this legal notice.


(Guest)

When the sessions court has acquitted them, its just time that the HC will also acquit them under this false 498a case.


Regarding legal notice nothing to worry.  It is just notice.


But it appears that you have lied under oath, and also in your deposition and also the main affidavit contains lots of lies. Be prepared to go to jail for a good 5 years.


Lying under oath is a criminal offence.

and the court may also ask you to pay fine upto 50k for wasting court time and misleading court.


Think about that.

padma (law student)     24 August 2013

Additional Information: the sessions court acquitted them stating that the trail court/lower court has no jurisidiction to try the case. as the lower court in my parental place.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register