about atrocity
Kamlesh soni
(Querist) 20 February 2009
This query is : Resolved
what is the procedure if someone has file the atrocity in faulty way to my client.my client is innocent but how we proof this he had never spoken word though he will charged atrocity.please give the idea
a.haridasan
(Expert) 21 February 2009
dear kamlesh ,only the ways, to convince the investigating officer on that regard or go to high court for quashing the FIR by stating the truth,or try to investigate the same by a good officer or agency through the direction of the high court .
And it is means from ur letter taht the offence comes u/s the section of 3 of prevention of SC/ST atrociteis Act and it is to be noted that kamalesh,the act of 'spoken word mentioned in ur letter ' must be done in a public view in addition to public cetre..
Guest
(Expert) 21 February 2009
It is not you, he has to prove the charge. It is not you to prove that you are innocent, he has to prove that you are guilty. Your job is only to disprove. If there will be trial, cross examine their witnesses, show the presence of two to three people favourable to you at the time and place of alleged incident and lead their evidence, as defence evidence.
Kamlesh soni
(Querist) 21 February 2009
Thanks to give the valuable advise to all experts
B.B.R.Goud.
(Expert) 23 February 2009
you need to establish the true relevant facts in issue before the investigating officer.
and also you can go for higher courts for quashing the FIR and further you can file a case under defamation etc.
