Querist :
Anonymous
(Querist) 04 November 2011
This query is : Resolved
sir, we are having a property dispute since 2005 with my chachi(aunt).She filed (1)A civil suite against my father and my father's elder brother in 2005 regarding the same property(family property) in 2005 (which is still pending) and we got interim relief from the court. (2) then she filed a case under sec498A against my family and grandparents which got quashed through High Court in 2008. (3)Then she a filed another civil suite against my father and my grand parents for a shop which is in my grand mothers name to get the share in shop in 2007. (4) now as we are living on the 1st floor of the disputed property and she on ground floor, she has filed a false criminal case against my father, mother, myself, and my sister.we have received a summon from court to apperar on 3rd december 2011 and are charged under s/c ipc308.
now what to do to proceed against this false criminal case and what would be the procedure of the court and do we require to apply for bail or not.please reply and if possible give ur contact no.
Guest
(Expert) 04 November 2011
kindly take all the documents in which ae filed by you chachi. then go to highcourt for quashing. Also based on the earlier successful cases issue legal notice for damages and defamation. Then only she will be subside. merely defending all the cases will not help. you have to fought back.
Shonee Kapoor
(Expert) 04 November 2011
Show the conduct of the complainant to obtain appropriate relief from the courts.
Regards,
Shonee Kapoor harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 04 November 2011
I do agree with Ganesan.
Biswanath Roy
(Expert) 04 November 2011
From my long 55 years in proffession i can say that it will be hard task of your Chachi to prove offense u/s.308 I.P.C I advice you to pray for anticipatory bail immediately for your protection. I am afraid to say High Court will not interfere in this case now. My CONTACT NO.9163087837.
Sailesh Kumar Shah
(Expert) 05 November 2011
you are suggested to follow advise of Shri Ganeshan.
Querist :
Anonymous
(Querist) 06 November 2011
thanks all for your precious time for your replies.
we are charged u/s 308,452,34 IPC.
Kindly help once again is bail required before going to n.d.o.h (first date in this case) as this case is registered as summon case??kindly reply.
and please tell is this case is registered with or without investigation???
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup