Regarding fictitious cross case
sandeep aggarwal
(Querist) 04 August 2014
This query is : Resolved
Sir, Greetings
I am a journalist by profession,
I have a neighbor with his brother and wife were assaulted me in parking dispute
They have been badly ransacked my car And i have got some sharp injury by them.
The F.I.R. lodged by me under sections 323/341/427/34.
After that the 61-year-old wife of Vipakshign lodged a fictitious cross F.I.R. against me under sections 323/341 / 354B / 506/34.
Which I got anticipatory bail.
But now the police have been put against me 27 Arms Act. Even I have no legal or illegal weapon.
Please tell me what to do.
I am going through immense mental stress.
Devajyoti Barman
(Expert) 04 August 2014
The section does not apply to you. Go for quashing.
This section can not be applied without the permission of highest officials of police.
ajay sethi
(Expert) 04 August 2014
agree with Mr barman
Dr J C Vashista
(Expert) 04 August 2014
I agree with the expert advise of Sh. Devajyoti Barman.
T. Kalaiselvan, Advocate
(Expert) 04 August 2014
This is intentional revenge seeking action by the opposite party, a quash, if it is not possible, proper challenge will nullify the cross case. However what was the reason that your neighbor went to the extent of physically assaulting you and also went for a cross complaint too?
sandeep aggarwal
(Querist) 04 August 2014
T. Kalaiselvan Ji: Actually my neighbor is a very temperamental person.Last year he was beaten and abused me .At that time I had a Complaint.But that time I was kept quiet looking at 60 years of age;
They have beaten me with several other people.Just cause the vehicle to stand,
This year he comes to see me on the street and started beating for no reason.
Tune to say the car was parked near my house;
Due to Complaint to the police by me
He filed a case against me completely unfounded, my neighbor is a clerk in the Delhi Development Authority,
Due To that no one take the risk of complaint.
sandeep aggarwal
(Querist) 05 August 2014
Devajyoti Barman Ji Very Very Thanks to you.
Today, the investigating officer came to my house about nine o'clock, evening
I showed him your reply
He asked me to give an undertaking
That I have no any kind of weapon;
He said that he will terminate 27 Arms Act in the charge sheet
But 354 B will be stand,
please tell me what to do?
T. Kalaiselvan, Advocate
(Expert) 05 August 2014
The charges against you can be challenged properly in the court because it is clear that too safeguard themselves from your complaint and also to avenge you, the opponents have lodged this counter complaint/case. Since you have already obtained AB, don't worry about the case, engage a prudent criminal law practicing lawyer to defend your case.
sandeep aggarwal
(Querist) 05 August 2014
T. Kalaiselvan ji , Thanks for advise, :)
Devajyoti Barman
(Expert) 05 August 2014
It will be great relief anyway.
Take bail from court and fight on merit. Nothing will happen.
