Need protection against false complaint under section 307 & 498
Querist :
Anonymous
(Querist) 11 March 2011
This query is : Resolved
Dear Sir,
Recently my family is facing some social problems.
My brother's wife fall off from terrace and she tried to suicide but luckily survived.
She given statement during medical treatment that she was slip away and fall off. Once Medical treatment over, she decided to went back to her house. There was no sight of any negative action.
Now she put complaint that my father pushed her from terrace however he wasnt at home at all as my neghbours phoned him to come soon.
She also put Fir that my family members asked for Dowry & harrashed her.
Now my family members are away from home and trying to present in front of megistrate as soon as possible with some gurantors.witnesses and lawyer.
At this stage have fear that Megistrate may not release them immediately and they may have to stay at police custory.
Please advice the best action to do initially for peace of mind and went back to home then will carry on matter in court.
Thanking you.
Raj Kumar Makkad
(Expert) 11 March 2011
You shall have to engage a competent lawyer dealing in such matters first and shall have to put your entire problem to him along-with copy of FIR, earlier statement of that lady, chart of earlier treatment etc. and then you shall have to follow his guidelines. I hope your counsel shall first try to get anticipatory bail for all of you from Sessions Court failing which from High Court. There is no word of peace in such matters. Peaceful atmosphere can be created but this is not an appropriate stage for that. Once FIR lodged, you shall have to face it or alternatively you can also approach Higher police officers and can get them convinced that no alleged offense has been committed and that contents of FIR are false and fabricated. In such event, even FIR can be got quashed by police authorities.
Querist :
Anonymous
(Querist) 11 March 2011
Thank you very much for your promp reply. We are on right track to anticipatory bail with consultation of the advisor. That's good to know that we can quash that case with help of higher authority of Police however there is a problem to reach that authority without influence. Almost half of our family live overseas for over five years so it is diffcult to reach. Can you please advice the legal way to reach such higher authority? Thanks
