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sonia (NA)     09 September 2011

What is 156(3)

please let me know what is 156(3)

why accused are not given the chance to listen,  it makes the life totally hell for the accused who is totally innocent , than what remedy court give when accused are not found guilty but till that time whole of the life is destroyed in this case .

 

NOW i give my case and ask the experts to give their advice

My uncle purchased the property in 1984, he got married in 1981 and a son was born in 1984 and that son is 27 years now , ever since he  got married my aunty who is working, left my uncle and she comes only to get her medical bill etc to cleared. after purchasing the property my uncle's life become totally hell, that lady put dowry case on my uncle , and start harrsing him so much that he totally got separated from her and since than that lady  and my uncle are living separately, in 1996 my uncle filed a divorced petition , which was pending in court, i came to live with my uncle in year 1992  in year 2008 , his son filed a FIR under section 307, 120B, 506, 504 which after the police investigation  found false and the son was charged 182 IPC, in year 2010 , the son came to house in night at 10 oclock and gunshot me , my uncle registered a FIR and his son was in jail now ,  she also filed DV case  in year 2010 givng all false statement in that ,  in year 2011 when i and my uncle after giving the evidence from the court   that lady , his father and two shooter , fired us and in which my uncle was dead and i survive, that is most problem thing that i survived again ,   my  uncle has made the  registered will in my favour for the property . My uncle has debarred both my aunty and his son in year 2008 in public newspaper and also he given complaint in police agaisnt this people that they can kill him anytime . so many time he gave the complaint but indian police  u cant say anything about them .

i sold the property on basis of registered will, as my lawyer said that u can sold the property  , now these people and put the case in 156(3)  u/s 420 468, 471, 120 B telling that i have made the fraud will and  all my medical certificate from the hospital are fake. and i asked my uncle to give the false evidence in court ,

Police put the report in this case now court has order to registered the FIR against me , my husband, my brother who lodged the FIR , and also agaisnt those who have purchased the house.

What should i do now, twice they gunshot me  last time it has fully damaged my left hand and entered my chest, and this time also it hurt my abdoment  and my chest , all this i am tolerating and what should i do

if i go to court than again these people will try to kill me as now i am only  witness of this second case

how to get out of  all this

Please advice me



Learning

 7 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     09 September 2011

You are advised to move to high court and get police protection and cancelltion of their bail on the basis of two incidents committed by them.

 

So far as lodging of FIR is concerned, it is not a big issue and even after loding of FIR, a thorough investigaion shall be coducted and if you are found innocent then you need not worry and FIR can be even quashed s the matter is civil in nature and no crime has been comitted by you.

SURESH KUMAR PATRA (ADVOCATE MEDIATOR & TAX CONSULTANT)     09 September 2011

I agree with the advice given by Mr. Makkad. His advice in the matter is correct.

Vijay Kamble (Advocate, Mumbai)     10 September 2011

Hey Soniya,  dont b overconfidence tht police wl investigate without arresting u.... they may arrest u... as d offence is non bailable...1st get d ABA ... 

sonia (NA)     10 September 2011

Dear All,

thanks for the reply,

could you please let me know when police has put the report stating that the property is sold on the basis of the will and that lady has been sent to jail and it is their personal dispute and no case is not maintainable.

this report has been sent by police when the application came to police station , after that the opposite party's lawyer had made the agrument , now the judge had released the order. I dont know what evidence they have given , i have all the proof , with me

what will police do now and what should we do now

please suggest


(Guest)

As you are accussed, Police will not listen you.

You try for your bail first and apply for police protection.

But the point mentioned by yourself, That they shot you twice. Why you not complaint to higher authorities related to thid date and moreover have you any proof against them or it is a arrow in air.

Court need Proof & evidences nopthing else.

and same must be originals, Otherwise you are in trouble.

 

Regards,

Abhinatre Gupt.

sonia (NA)     11 September 2011

I have all the original documents related to all the incident since 1981 and also the application which my uncle has given to police station and all other things ,

 

I have written application to NCW, NHRC, Home ministry, chief minister, SSP to all

not a single false papers are there.

please advice ,


(Guest)

Then go for as advised by Raj Kumar makkad.

Suggestion given by him is right one.

If you belongs to delhi, I will help you by giving you contact details of my advocate.

He will help you in a effective manner, But you have to regular in follow up with him.

Have a safe life first irrespect of a property issue.

 

Regards,

Abhinatre Gupt.


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