Case filled under ipc 323, 504, 34
...Happens for Good
(Querist) 05 January 2015
This query is : Resolved
Hi,
I had a purchased one plot in 2009 from person xyz. Person xyz bought this plot in 1978 from abc. Person abc bought it in 1972 from lmn. These three sales deed were done. Now person lmn's son is claiming that the plot and filled civil suit against me and my father. Hearing is going on but now he filled a case under ipc 323, 504 and 34 against me and my father (my father is not a owner of plot which I purchased).
We did not do any illegal things against lmn's son.Still he filled a fake case against us.
Can you please advise me on this as I never had information or experience in court matters.
Thanks in Advance.
Devajyoti Barman
(Expert) 06 January 2015
Since case is filed you have to take bail and contest the case on merit.
If you have any prima facie proof of falsity of the case, then go for quashing of the same in high court.
Phani Kumar. D
(Expert) 07 January 2015
in your case you have not purchased directly from lmn. hence police have to add the persons who sold the polot to you in the criminal case. and what about lmn whether they are laiver or not. If lmn are alive criminal case will not stand. Any how approach court for AB. You may also file criminal case against xyz to safe guard yourself.
...Happens for Good
(Querist) 07 January 2015
Thank you so much Phani and Devajyoti and Happy New Year.
@Devajyoti - "Contest case on merit". What does it means. Also what kind of prima facie proof of falsity of case is. I will try to collect it.
@Phani - lmn is not alive. His son filled case.
Please advise. Your advise is very helpful for me.
Thanks in advance.
T. Kalaiselvan, Advocate
(Expert) 09 January 2015
@Author: First consult a local lawyer, obtain Anticipatory Bail for all those who are charged by police with the said offences, then discuss at length to how to tackle the issue on the strength of documentary evidences in your possession.
