Since your father is absolute owner of the house your father should file suit and seek court orders to direct daughter in law to vacate portion of house in her possession

2) seek injunction restraining her from disturbing his permanent possession of the house

3) daughter in law has no rights to stay in house standing in name of father in law

4) you should file application for discharge before trial court under section 239 of cr pc after charge sheet has been filed

5) If the trial court does not discharge the accused, it may then be challenged before the High Court under Section 482 Cr.P.C. in appropriate cases wherever it is permissible.

If charges are gramed then only option is to face trial.

However beofre framing of charge you could have filed discharge application. Now when charge ahs been framed filing revision in sessions court will cause of benefit.

Now even wuashing petition to high court will not lie.

However do not worry as if the charges are false the case will fall flat on its face.

So expedite the trial and come out acquitted.'Good luck.

You can challenge the charges.

After framing charges you can file a petition for discharge in the same court or in the high court

Charges can not be appealed in the sessions court, though you may move an application for discharge and if you have already moved to the High Court kindly tell what was your prayer and relief granted.

You have the option of challenging the charge sheet in the High court.

Regards

If the allegations against your father are totally false and concocted, take your chance by way of challenging this charge sheet in the High Court in a petition under section 482 crpc.

You have a good case. The Court will definitely show some indulgence in this matter.

Hi

If your father is still not on bail under these sections then first step should be filing for the bail.

If you want to appeal in Session Court against the charge sheet then you can try once but I don't think it is a good idea to step ahead contest the matter and get acquitted and if you have proves and strong witnesses to prove that these charges are fake you can also file for the Clash of FIR in High Court.

Thank you

1) burden of proof is upon prosecution to prove allegations against accused beyond reasonable doubt

2) you can file for discharge before trial court

3) quashing is done only in exceptional circumstances

4) if your brother proves allegations made in divorce petition he would get divorce

5) file suit to direct DIL to vacate portion of house in her possession

First in session court and if the application is rejected then move to the HC.

Pursue the case well in the lower court so that the divorce case is decided at the earliest.

The only solution is to pursue the pending cases so that the same are decided at the earliest.

After some time the kther party will come to settle the matter when the matter gets old

Dear Clinet,

Let the court decide the charges first, being unsatisfying with the order of court, Revision is enough , no appeal required,

Rest can be advised on perusal or order and charge sheet. .

Please tell whether this charges can apealled in session court?

Not in sessions court, but you can file a petition to quash the same before high court on merits.

Divorce case is already going on, and my father filed one case against them in highcourt in which court granted him police protection.

What else you want, if the high court was not approached for quashing the case, it will not be an automatic relief.

My father has a self earned property.

Can this fake FIR convict my father? Whether we should try to discharge these section in session court or can directly go to Highcourt?

You can file the discharge petition in the trial court itself or a quash petition under section 482 cr.p.c before the high court.

Kindly suggest what else can cases be filed against my father's daughter in law to put on her pressure...As she is continually occupied his second floor along with her baby.

Besides criminal trespass, he may file a suit seeking mandatory injunction suit against her to evict her and restraining her from not interfering in your possession and enjoyment of the suit property.

Yes provision of quashing of chargesheet is there in Cr.PC. you can move sn application before Highcourt for quashing of Chargesheet.