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sunil kumar Jha (IT Executive)     22 March 2012

Required information related closed case

Hi,

 

I am sunil Kumar Jha, I need some information . Actualy i have received the notice from a layer related to compenset for a case which was closed .

Let me tell you what is the exact story.

This is story of my cousin brother he was coming from his job in 2003 year in a way some body beaten him & throw him police admited him to aiims hospital & reported to us but he was not consious to tell anything but the treatment was goin on after so long time of treatment he has just started occuring the anme of accused after 2 or 3 wrong name he has told the exact acuused name  but  as victim has brain & throt operation he was not able to speak clearly bu he was able to recognise who was his uncle in relation after the somany formalities like recognisation and making evidence etc . the case has been processed but finally case had been decleared in favour of accused on behalf false evidence .

Now 10 days back the accused layer sents  the notice  for the name of victim father as well my father my father & victm father is jija & sala in relation  that we need to compensate the accused because he had suffred the mental & he  was in 53 days in custody .

I need suggestion from you please advice me what should i have to do now and according to notice my father & my maternal uncle had made the conspiracy against accused . And if i wil talk about the case the there is 13 witness in the case nither my father nor my maternal uncle is one of them . So how it can be possiable to send the notice on both name .

Kindly suggest !



 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     22 March 2012

Mr.Jha,

It's very difficult to say anything without first having a look at the judgment in that criminal case as well as the notice, but one thing I can tell you that you are not liable to pay damages unless it is proved that you pursued prosecution with a bad intention/motive/animosity.

Guest (Guest)     28 March 2012

Merely bcause the case ended in acquittal does not entitle the accused to claim damages from the complainant. In the absence of any proof as to the mala fide intent of the victim in launching the case, no liability for dmagaes arises.


Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

08427414792


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