Fake allegation by girl u/s 354
Guest
(Querist) 10 August 2014
This query is : Resolved
Dear All Respected Lawyers,
I need your advice in my Case.
I m married and having 2 yrs old Baby boy. Last year , by mistake i went into relationship with one of my close friend. After that we were in relationship for 1 year. I ended up everything with that gal on March 31 , 2014. & took in writing from her regarding this as she want to marry me and blackmailing me also. I told everything to my family and accepted my mistake. Then she came to my house and threat my wife that she will lodge fake complaint against me in police station.
She belongs to another state and i m from another state. In the month of April 2014 , she lodged complaint against me with the help of some friends under Sec 354 , 354 A , 354B , 354D & 506. She put allegation that
1. i try to disrobe her
2. i threat her family and friends , etc
3. i sent her pics and personal documents to her family members and friends
Then on the same day , police arrested me and Magistrate sent me to JC , then after 12 days i got Bail from Session court as my family showed some evidences against her. She did same thing with other guy also last year in other police station.
Till now , IO haven't filed any chargesheet.
We tried to contact senior Police officials thru some source. They told us that they also had a doubt on that girl and the details which she gave in FIR report like address and phone number was all fake.
Girl gave Date of Offence Occurence as UNKNOWN DATE & TIME.
At the time of arrest , IO seized some electronic gazettes of mine , but now that got released after Court order and IO gave in writing to Magistrate he found Nothing in those devices against that Girl and regarding this case.
Now we are waiting for Chargesheet.
Now i need ur advice What shud i do in my Case as the facts are mentioned below:
a. Charges & allegations put by her on me was totally fake and wrong
b. I went to Jail for 12 days without any reasons
c. I got warning notice from my Company as that girl informed HR of my Company for this case
d. Got to know that she and her father also engaged in making fake documents also.
e. In Society also , everyone got to know about my case and everyone hesitates to talk to me
My family and wife knows everything about me and they are supporting me also.
We also got to know that the Complainant girl and her father make some legal govt documents like passport and voter id card for her with the help of some fake legal govt documents.
I have filed RTI also for verification of her documents. Reply is yet to come.
I m just worried whether that will help me in my case or not.
In court , She took few names of some of her friends. According to her , i threat them on phones and mail. But in actual , she just misguide police to lodge a complaint against me.
2 of her friends are in my favour , they are ready to present in court to give statement for the instance.
If case got dismiss , shud i take in writing from her in front of Court or can i ask Magistrate to issue an order for her that in future she will not create problem for me and will not File any other Case against me.
Plz suggest & advise. What shud i do .
I will be thankful to all of you for your help.
Regards
Ravish
Sri Vijayan.A
(Expert) 10 August 2014
Now, you are on bail.
Police shall continue investigation.
If they find any fault on you, they will frame charge. Otherwise, you have no problem.
The Police shall submit the charge sheet to the Court.
Court shall summon you and give the copy of charge sheet.
You have a choice to file a petition praying discharge at that time.
If Court feels, it shall prepare/ frame a charge sheet.
Then the trial starts.
You have the right to defend you.
So, dont worry. For all that what you need is a help of local lawyer.
Rajendra K Goyal
(Expert) 10 August 2014
Consult /engage a local lawyer and proceed in the case on merits.
You can prey to the court can not dictate.
Let your lawyer assist you in your steps.
ajay sethi
(Expert) 10 August 2014
agree with experts
Guest
(Querist) 10 August 2014
Dear all,
I m not getting any proper satisfactory answer from my Counsel.
IO is not filing the chargesheet , he and even the Senior officials of the police also agreed that this was the fake complaint against me.
IO helped that girl in good honor but he didnt know the back story. Now he is saying that he did mistake but i dont have trust on him also.
The opposite party including whole family changed their address and contact details.
But only I knw , where i can catch them as her father is Govt employee. He can change their house and contact details but can't change the job.
Plz advise what shud i do to save me ...
Is IO can create problem against me by filing fake charges.
Can we file Defamation case after dismissal of this case....
Regards
Devajyoti Barman
(Expert) 10 August 2014
You did the wrong and must pay the price.
Do not put the allegations on girl when you himself being a married person cheated in your wife and now crying hoarse. Admission of your mistake does not absolve you form the guilt.
ajay sethi
(Expert) 11 August 2014
contest case on merits . if at all you are acqitted then think of filing defamation case
Guest
(Querist) 11 August 2014
Dear Barman sir ,
truly accept ur words that i did mistake. we were in relationship and i cheated my wife but all that was happened by her only. That girl forced me for everything. she knows that i m married still she forced me to get in relationship when i denied then she starts blackmailing me and everyone has its limits... At one time , u have to accept that.
Now the concern is ...the allegations put by her...that is totally wrong...I m accepting that we were in relationship...she said to magistrate that she didnt knw that i was married and i forced her for everything. her friends also warns her that she was doing wrong and she was just using me for her work and desires.
Devajyoti Barman
(Expert) 11 August 2014
If two persons commits illegality willingly knowing the consequences, blaming another later on will not of any help to say the least.
T. Kalaiselvan, Advocate
(Expert) 13 August 2014
Better challenge and defend your case properly with the help of a prudent lawyer and try get to get acquitted.
Guest
(Querist) 13 August 2014
Thanks sir...
But Sir, putting fake allegation on some one and be in relationship are both diff things.
I accept that we were in relationship. But that girl , till the time she was enjoying with me and getting money and gifts from me , till that time she was happy. When her family gt to knw abt our relationship , then in pressure by her family and by her 1 knwon friend she lodged fake complaint.
