by 156(3):IS IT VERY EASY TO SPOIL THE LIFE OF A STUDENT IF YOU HAVE TWO WITNESSES AND MONEY
vivek
(Querist) 20 July 2011
This query is : Resolved
Dear experts,
I'm an engg student at MNNIT(MLNR)Alld.
A man of my village had filed a case against me under 156(3)before the CJM in the court of faizabad claiming that I along with others members of my family was involved in robbing him etc.(actually no incident occured at that day,the whole story presented my him is filmy). He had filed this case due to enmity,seeing the circumstances CJM had not ordered to register an FIR but he is dealing the case as complain.Sir at that day I was present in my college.
sir if the complainant presents witnesses against the court then,is there any chance for me to save myself.what should I do if court summons me?
Sajeev Menon
(Expert) 20 July 2011
You can file a petition before the Hon'ble HC to Quash the matter by providing evidence that at the time of the alleged incident happened, you were at the class room attending the class.You can produce affidavit from the head of your institution and the class teacher as well.
Otherwise you can defend it in trial stage by summoning your collegues, class teacher to give deposition in your favour by statig the truth.
vivek
(Querist) 20 July 2011
sir,problem is that no one wants to put oneself in court matters....so its very difficult that my HOD will give an affidavit in my support.
Raj Kumar Makkad
(Expert) 20 July 2011
Vivek! Do not make the matter so sensational. If Court summons you, anticipatory bail can be obtained and there-after it can be got confirmed and then you can challenge the order of summoning if you feel yourself innocent. Mrely pendency of a complaint against a student is not 'spoiling of life of a student'.
Every accused claims himself as an innocent and it is the court which decide whether he is innocent or not.
vivek
(Querist) 20 July 2011
@raj kumar sir,
sir for applying in each job it is asked from students that is there any pending case or inquiry against you.......will there be any affect on my carrier if I would be prosecuted.
prabhakar singh
(Expert) 20 July 2011
Ld.brother raj kumar makkad ,unfortunately upions do not enjoy right of anticipatory bail.
Guest
(Expert) 20 July 2011
Dear Vivek,
If you can prove in the court your presence in your college at the time reported for robbery, you will get no harm.
About your question about pending case at the time of applying for job, the same if asked need be mentioned if there is any pending at the time of application. If you have already been honourably acquitted from the case, you need not make a mention of any such case.
vivek
(Querist) 20 July 2011
Dear Dhingra sir,
Actually crime had not occured .All the story given by compalinant is fake and filmy.
Is it possible that before starting the trial if I give the proof of my presence at college then Magistrate would remove my name from the accused?
Chanchal Nag Chowdhury
(Expert) 20 July 2011
A person has the right to complain. It is the duty of the court to satisfy itself on the basis of the evidence led before issuing summons.
U may first make an application u/s 245 CrPC. before the Magistrate failing which go for Quashing of proceedings u/s 401 CrPC.to the High Court.
Guest
(Expert) 26 July 2011
SIR,
KINDLY NOTE THAT.
1.YOU MAY FILE A WRIT PETITION TO THE HIGH COURT FOR QUASHING THE SAID FALSE COMPLAINT AGAINST YOU AND YOUR FAMILY MEMBERS.YOU MAY SUBMIT THE PROOF OF YOUR PRESENCE IN THE COLLEGE AND ALSO AFFIDAVITS OF WITNESSES IN SUPPORT OF YOUR DEFENCE. YOU MAY TAKE THE DEFENCE OF ALIBI. YOU WILL SUCCEED.
GOOD LUCK.
YOU MAY KINDLY CONCENTRATE ON YOUR STUDIES AND PASS THE EXAMS.YOU MAY SEND DETAILS FOR ANY FURTHER HELP.GOOD LUCK.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
