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Victor Khanna (Director)     08 November 2015

Remedy for false criminal complaint after charges framed

Dear Expert,

A false criminal case has been filed in Magistrate's court u/s 420, 406 & 34. The case has gone through Evidence-Before-Charge stage. The complainant has not submitted any evidence in this stage to support his complaint, nor argued his case. He brought few witnesses who have not said any thing to support his case. He himself has deposed before the judge and merely read his complaint. We the accused have  submitted in thorough detail our reply against the complaint, folowed by a strong oral argument countering each and every allegation.

The Judge has simply ignored our arguments and proceeded to frame charges. The judge then called us 3 times and postponed his order each time. On fourth time we were late in the court by few minutes and till we reached, he had already passed the order to frame charges as per the wishes of the complainant. The order copy is no more than half page. The Judge has not applied his mind at all, as there is absolutely no reasoning in his order. It is very suspicious and shocking how this has happened. Are such occurances common?

I want to know what options do we have at this stage for quashing this case? Should we approach Sessions Court or High Court?

Thanking you for your time to read this querry & for your replies.

Regards



 2 Replies

Advocate Ashok   09 November 2015

First challenge that order in session court

SAINATH DEVALLA (LEGAL CONSULTANT)     09 November 2015

What is the actual case? 


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