Hello,
All points willl be considered once the trial commenced but if there is a non bailable section immediately go for anticipatory bail where your points will be considered.
Hope this helps.
Regards
False SC/ST Act
Once again disturbing the learned advocates I am currently head of a govt. Office due to some problems local goons have physically assaulted me and vandalized the office on 31st jan 23 I immediately informed local ps and police visited spot on the very day he submitted 107 crpc against the culprits and after 3months submitted 323 and 506 ipc against one in which accused pleaded guilty and paid fine for both ipc after that he made caste certificate and filed false fir through court for same incident 1)the same witness who has given statements against him is now giving statements against me u/s 164 crpc for same incident is it legal? 2) no c/s submitted by I.o. if submitted will it effect my a.i. bail? 3)the time date are not proper should I give alibi to I.o.? 4)since accused is from ruling party so fair investigation is not expected legal remedies? 5)does two c/s for same set of events maintainable before law? 6)does any case made out against me since he himself wrote in fir we are not acquaintance?
Asked 2 months ago in Criminal Law
Religion: Hindu
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7 Answers
File petition in HC for quashing of FIR
2) take the plea it is filed as counter to case filed by you for vandalising govt office where he has pleaded guilty
3) that it is false and bogus case filed to intmdidate you and for taking revenge against you
4) that accused I’d form ruling party and no fair investigations are being conducted .you should get bail
If FIR is shown then better and clearer advice could have been given.
So far I do not find much difficulty in getting bail.
1. It is an advantage to you that the defacto complainant has already pleaded guilty over the complaint given against him earlier, you can always plead that he is trying wreak vengeance over the previous complaint given against him for his acts of vandalism.
2. The charge sheet has nothing to do with the bail application filed by you. A sessions court or special court can grant anticipatory bail under Section 18-A of the SC/ST Act if there is prima facie material and the accused is not entitled to anticipatory bail.
3. You may wait for the trial to begin.
4. Nothing can be said on this because the trial has not began,
5. Without seeing the charge sheets no opinion can be rendered to your question..
6. This is a matter of trial hence you may wait for the trial to begin and handle the case accordingly with the help of an experienced lawyer if you feel that your own lawyer will not be capable to handle this case properly.
1. Whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
- Hence, you can file a complaint against the said witnesses for giving false statement before the magistrate .
2. You are entitled to get get bail in this matter , and the filing of charge will have no effect on it.
3. Yes, you can submit the details to the I.O.
4. Yes, however you can seek further investigation in this case and even the I.O. can be changed.
5. No, however there is provision for the additional charge sheet
6. You can prove the same during the trial of the case.
Dear Client,
In your case, Section 183 of BNSS (Previously, section 164 of the CrPC), permits a witness to give statements against various parties despite its credibility being subject to questioning. The fact that no charge sheet has been filed by the I.O. does not in any way prejudices your application for anticipatory bail although a later charge sheet may alter the court’s view. If the fingerprints are yours, but you did not steal, it is better to provide the alibi to the I.O. to prove you are innocent. Because the accused is close to the ruling party, it is understandable to raise issues of bias investigation; you may consider asking a third party like the CBI to investigate the matter impartially. As a rule, it is invalid to file several charge sheets in connection with the same offence unless there are new facts therein. In the FIR, you stated that you did not know the accused and are not friends with him, which could greatly harm your case. Due to these complications, it is advisable to seek services from an expert criminal lawyer to ensure that you are well protected all the time.
Hope you find this answer satisfactory.
Approach HC for quashed and file complaint through court u/s 332 IPC
