You can file a quashing petition in the High Court , however , subject to the case details.
One of my long relative aged 71 filed a complaint against 5 members of my family including me under crpc 323, 506, 34. He bribed the cops, Doctor and submitted fake medical report of his spine back pain. My parents didn't commited offense on him.
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Hello,
As far as acquittal is concerned its the last stage of a case, when it is decided by the trial in the end, you need to show to court that there are lacunas in case of prosecution by cross - examination of prosecution witnesses, they are deposing something, which is improbable. There are discrepancies in statement of prosecution witnesses. The offence itself not made out police wrongly charge - sheeted you etc.
To get better answers some more information is needed -
1. Stage of the case.
2. What are allegations on whom?
3. How many injuries are there?
4. Is there any civil dispute earlier?
5. Do you want to get it quashed it from high court or interested in facing the trial?
6. Is there any delay in FIR or MLR?
7. Do you have any plea of alibi etc.?
Thanks
wait for police to complete investigations and submit charge sheet
if there is no evidence apply for discharge before trial court
If FIR is filed and you are not arrested then you take anticipatory bail otherwise contest the case filed against you
This is a minor offence. Dont worry will happen. You may also apply for quash petition in High Court.
Hi, Normally it is all depending upon the charge sheet filed and evidence. What is the allegation in the Complaint and what are all documents supporting the same will depend upon.
- If there is an FIR , then firstly you should apply for getting anticipatory bail from the session court , if charge sheet has not filed before the court.
- Further, only after filing the charge sheet , you can get property information about the acquittal in the case.
- If the charge sheet will not show any evidence against you all , then you can approach the High Court for quashing the FIR .
Details required to be examined. Case can be argued on framing of charge, quashing of FIR if case is not made out.
If the complaint is false then you can challenge the same on merits and documentary evidences in your side or you can approach high court with a petition to quash the same
Dear Client
Consult with an Attorney: The first and most crucial step is to consult with an experienced criminal defense attorney in India who can assess your case, review the evidence, and provide guidance on the best course of action.
Anticipatory Bail: If you believe that you may be arrested in connection with the case, you can apply for anticipatory bail. Your attorney can help you with the bail application process, and if granted, it will protect you from arrest for a specified period.
Prepare a Strong Defense: Work closely with your attorney to build a strong defense. This may include gathering evidence, interviewing witnesses, and developing a strategy to challenge the false charges.
Challenge the Evidence: If you believe that the medical report is fake or that there is evidence of bribery, your attorney can help you challenge this evidence in court. This may involve cross-examining witnesses, including the doctor, and presenting evidence to counter the false allegations.
Invoke Section 482 of CrPC: Section 482 of the Code of Criminal Procedure (CrPC) allows the High Court to exercise its inherent powers to quash criminal proceedings that are frivolous or abusive. If you believe the case against you lacks merit, your attorney can file a petition under this section to seek the quashing of charges.
Maintain Accurate Records: Keep records of all communication related to the case, including correspondence with your attorney, court documents, and any evidence that supports your innocence.
Seek Mediation: In some cases, it may be possible to resolve the matter through mediation or reconciliation. Your attorney can explore this option if it is appropriate for your situation.
1. All the sections are bailable.
2. Has the police registered FIR bsdon the said complaint?
3. If yes, then all the accused shall have to contest the case fittingly after availing bail from the police station.
The sections under which your relative has filed a complaint against you and your family are as follows:
There are various legal remedies available to deal with a false criminal case in India. Some of them are as follows: