156/3 complaint case
kamar ul islam
(Querist) 02 March 2012
This query is : Resolved
please advise me how can i get relief
as my neibour sues a case under 156/3 complaint case. in 2oo9 i got same day bail. but now i want to go abroad. this case is totally false he just want a pressure on me because he want a illegal construction but i dont want to get him complete this kind of illegal construction so that in 2007 i sues a civil case and get stay order against this construction...after that he sues a false case on me which i described above....so pledase help how can i get rid of this problem.
M.Sheik Mohammed Ali
(Expert) 02 March 2012
if you know that the case was false and have you prove it, if yes, than file quash petition at high court.
ajay sethi
(Expert) 02 March 2012
move high court for quashing .
Adv.R.P.Chugh
(Expert) 02 March 2012
Your remedy lies in Section 482 CrPC where you can approach the High Court for quashing of the case. This case on the very first blush seems to be actuated by malice, and made with a view to take out personal vendetta/enmity. Since the case basically springs out of a civil dispute. There is good chance of you getting the relief sought.
Shonee Kapoor
(Expert) 02 March 2012
1. Is there any condition that you can not go abroad?
2. If there is no such condition, you can go abroad and your lawyer can ask for your personal exemption on dates when you are not in India.
3. If there is a condition that you can not leave India w/o the permission of the court, seek appropriate orders and then also you can travel abroad and personal exemption application can be moved by your lawyer.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 02 March 2012
My Ld. Friends,
I have a query, how come for every criminal case, quash petition may be moved.
Quash happens only on legal grounds and not on the ground that prosecution is false. If it were so, then for every criminal trial people would move quash, as the accused contest the trial on the basis that he thinks and proclaims that he is innocent and the prosecution is false.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 02 March 2012
I fully agree with Shonee that every criminal case is not meant for 482. We must take care of the law described by Apex Court in the case titled Shakiri Basu versus State of UP wherein apex court had clearly held that litigants should not increase the burden of high courts and even high courts were directed not to entertain such cases under 482 wherein the remedy lies before trial court to agitate at the time of framing charge or otherwise.
In the given matter, the case is old one and trial is going on. The accused has to go abroad. He can get due permission from the trial court. There is no issue of going to High Court for quashing.
prabhakar singh
(Expert) 04 March 2012
I side to the opinion expressed by M/S shonee and makkad.
Guest
(Expert) 04 March 2012
I endorse views of S/Shri Shonee and Makkad ji.
V R SHROFF
(Expert) 04 March 2012
You can easily get discharge.
You can get exemption to appear before court u/s 205 cr.p.c., during your foreign assignment as u want to go abroad
