I am a working professional in IT Company in Chandigarh, my family are living in Lucknow. My neighbor initiated an dispute with my family in 9 oct, 2017. My mother dialed 100 to report to the police. In exchange my neighbor who is also a advocate filed an false serious case(IPC 740 and alot) against me and my brother that we come to their house and fight with them, also he has created false eye witness against us. Although we both were not present on that time. I had an fever(Medical Certificate from Military Hospital submitted to the Police) and my brother has already submitted his attendance proof from his company to the police. Can I use my phone location to add extra evidence? My google location is showing the right location of that time. We are totally depressed by this please help.
What are actual allegations levelled against you and your family. in the FIR vis-a-vis charge sheet and/or charges framed by the Court?
The complaint case is stated to have been registered in 2017, which you are contesting through an able, competent and intelligent lawyer , what is his opinion and advise ? Proceed accordingly without waiting for obligation of experts on this platform based on limited facts posted by you, which is bound to differ.
Thank you for your valuable reply. This case is older i.e of 9 october 2017, as per the FIR he has filed against:- He has mentioned that we two brothers came to his home and fought and threatened to kill, although he is a defaulter and my Mother dailed 100 for them. My brother working in IT Company in Mohali, and I was suffred from fever on that whole month, as soon as I came to know that they have filed an false case I went to the Military hospital in Chandimandir Cantonment(Panchkula) for the medical certificate and delivered to the Inspection Officer of the case. My brother has also submited his biomatric attendance certificate from the company to the police. Also my company manager knows that I was suffered from fever and my lots of friends know this. I have my google location which is showing I was in Chandigarh on that day. However, police still calling my father to call your sons and submit the statement. Sir, as we all know we cnnot travel because of this COVID-19, I said we can arrange an video call to give my statement to the police. Police said NO, you have to come. Previous IO already confirmed to call my brother's company about the presence. Now the IO changed. Also, the complaint which has been done by my mother were in the police station for the last 2 years. Now the chargesheet has been moved to the court after several letters written by my father to the CO. My father has 30 years of service in the Indian Army. We have hired an advocate but we are not able to trust any advocate because he could be his friend. I wish I could send you the FIR copy to you Sir.
Mere location of mobile may not be strong evidence, as one can keep mobile at a place and still can mislead the investigation. Now that every document was filed, do not over bother to submit more evidence. The investigating officer has better ideas and even he can ask you to submit better evidence to support your case. It is the opponent that has to prove the crime against you.
The Google location which I am talking about is signed-in with my primary mail address where my bank A/c and all professional works are associated with that email, why would I give my phone which contain very sensitive info in it to anyone, this the fact should be considered.
This is the problem of too much concern. Focus on the main issue. You have provided a Medical certificate and that is more than enough. Let them counter this essential bonafide certificate and then strengthen the evidence with such other documents. Now that you have provided medical certificate, they have to establish your presence. Do not spend time, money, and mind on those topics that are having the least priority.
I am sorry Gentleman, I am not proficient in the numbers of CrPCs, as I am disconnected with my family. I live in chandigarh and my family living in Lucknow, I have my own office work too so I was confused. 740 is my FIR number and the allegaton they have placed on me are which is totally false even I dont know what doest it means: 452, 323,504,506,427,354. Please suggest If any one can help me in the lucknow region. I am surprised that these kind of people exists in our country.