You first Raje ABA and then surrender ro police. You can inquire about loc from concerned court. No your brother will not be arrested. Right now first get yourself secured later plan cases against her
Fake rape case by ex GF and defamation on Facebook by ex wife and ex GF (cyber crime)
Hi there, My previous question. https://www.kaanoon.com/447023/fake-rape-case-by-ex-gf-and-defamation-on-facebook-by-ex-wife-and-ex-gf-cyber-crime As FIR has been registered against me, Section 376(2) (n) and 420 of IPC. The events came as follows 1) My ex-wife and my ex gf created fake Facebook accounts and started using pics of my family members(mine, brothers, sisters, moms), morphing them and talking to various people and defaming them. 2) We complained to Cybercrime about this and then my ex-girlfriend was caught red-handed by Cybercrime and was beaten by Cybercrime. She accepted that she along with my ex-wife conspired and morphed pics. Then her parents came to our house for a compromise but we said we will compromise in court. There they threatened that if we won't compromise, they will put big cases on me. They called some quite influential politician (local leader). 3) My lawyer filed a defamation suit against both of them, in the legal notice my ex gf replied saying that my ex-wife has trapped her using the OTP and used her phone to post pic of my family and also mentioned that I took her to various lodges under the disguise of marriage and had sex with her. My ex wife replied to the notice saying she is no way involved and the fake Facebook accounts are created by me and Im using to defame my own family(Bizzard) 4) My ex gf filed a fake rape case complaint near her local police station, the police officer called me and I didn't visit. I sent a few lawyers to check up on. Police officer agreed that this is fake case and my lawyers said we can close it inside police station but police officer kept delaying. Initially, my main lawyer filed a writ petition against this police officer for illegally coming to my home. 5) Then recently, the case was transferred to my local police station from her police station(don't know why and how?) FIR was registered with Section 376(2) (n) and 420 of IPC. Now my ex gf claiming that the first time sex/rape happened Ground floor of my house, there is small office( Its my brothers house actually which we all live in and he lives abroad). This is a lie, she never came to home. 6) After FIR police officers visited my house(brother's house) along with my ex gf and took pics of the place where she is saying the offense has happened, harassed my family. I filed a writ petition against this police officer too for illegally entering the house. He also harassed my sisters, in laws. Below are my questions 1) Im still absconding and my lawyer applied for Antcp Bail and quash of case? He is asking me not to get caught until then. Is this correct? 2) How to know whether a look out circular is issued against me, so that I can fight this case from abroad? 3) As she mentioned my brother's residence, will he be arrested too? Although his name is not mentioned in the FIR. What legal action he can take for police officers illegally entering his house? 4) What legal action can we take or file cases in defense?
Asked 1 year ago in Criminal Law
Religion: Muslim
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7 Answers
When anticipatory bail petition is filed police do not take any coercive action till application is disposed of
2) your brother would not be arrested
3) whether LOC is issued or not you can find out from IO or FRRO office
4) you have already filed defamation case
5) you can file civil suit for damages against ex gf
1. It is a good idea to be in hiding to prevent being arrested until the high court is granting anticipatory bail given the situation that the police are very aggressive in this false case.
2. You don't prompt them to open LOC due to your anxiety, the police may not even have a thought about it yet, hence don't try to become aware of any such thing, if it is open then you can challenge after arriving at India, until then you can remain silent about it.
3. If the police had entered into the house without a search warrant, then he can file a complaint agaisnt them with the state human rights commission for invading the privacy.
4. Now you have to first defend yourself and once you are coming out of all the cases you can plan about filing any case against them.
Yes
NO LOC
NO
Contact for precise advice.
No case of rape is made out. You seem not to be under proper guidance of a competent lawyer. There is no reason to abscond and also to file petition for quashing. At the stage of investigation, court will not quash FIR rather any unpleasant remark by higher court may prejudice your case and defense.
1. No. Wrongly advised. Court will not quash FIR rather any unpleasant remark by higher court may prejudice your case and defense.
2. From court record and also case diary you can ascertain.
3. No, your brother will not be arrested unless your brother is named accused. Details required to ascertain the facts and situation.
4. Details required to suggest remedies and further course of action.
Dear client,
1) Anticipatory Bail: Your lawyer's advice about applying for anticipatory bail and waiting until then might be strategic. Anticipatory bail is a precautionary measure to secure your release if you anticipate arrest.
2) Look Out Circular (LOC): To ascertain if an LOC has been issued against you, your lawyer or legal representative can make inquiries with the police or relevant authorities. They might communicate with the police department or use legal channels to obtain this information discreetly.
3) Arrest of Family Members: Unless your brother is explicitly named or involved in the FIR, he might not face immediate arrest. However, if there's any suspicion or concern, your brother should consult with his lawyer to safeguard his legal rights. Regarding the illegal entry into his house, filing a complaint against the police officers involved might be an option.
4) Legal Action for Defense: Your lawyer can explore several legal options for your defense:
If there's evidence of harassment or false claims, your legal counsel might advise filing counter-complaints against your ex-wife and ex-girlfriend for defamation or false accusations. Gathering evidence to disprove the allegations made against you is crucial. Any communication, records, or witnesses that can corroborate your innocence might be instrumental in your defense. Quashing the FIR or seeking the dismissal of charges based on lack of evidence or false accusations could be pursued legally.
You can reach out to us for further assistance
- As per law no rape case is made out for the consensual sexual relation
1. Yes, it is correct
2. The police official is under obligation to inform you for the LOC if issued against you.
3. No,
- Police has not right to arrest or threaten the family members of the accused , and hence your brother can lodge a complaint against the police before the higher police official , and to the magistrate.
4. The details of case is necessary for giving perfect suggestions , and you can contact a lawyer including me for getting more suggestions.
