False criminal cases
Guest
(Querist) 13 July 2011
This query is : Resolved
One person has recently tried to implicate my father and brother falsely in a criminal case by providing false evidence to police that it was an attempt to murder. We are a well educated, well traveled family, never caused any harm to any one in our life. But showing some fake injury which he got from some accident, and using some local press, politician, he managed to lodge a false case against us. Initially we were charged under IPC 307 and 324, and later withdrew 307.
But now medical report suggests that the injury is simple, and caused by either accident or some blunt weapon?
How important medical report in these kind of cases? If medical report is the one of most importance in this case , can it be 324?
My brother who works abroad, requires renewal of his passport.
will it be difficult to renew his passport, if these cases are pending against him?
Thanks
Advocate Rajkumarlaxman
(Expert) 13 July 2011
was there any recovery of weapon or anything and is mentioned in FIR
and what are the excat facts of the case
Kiran Kumar
(Expert) 13 July 2011
what was the actual story narrated by the complainant?....weapon alleged and recovered?.....any enimity?....
Guest
(Querist) 13 July 2011
We don't have any long enimity with this person as such. Some six years back, we complained to police that he has illegally encroached a govt. land and set up his shop, throwing waste materials inside our premises, and also creating public nuisance.
On the day of incident, we asked him not throw waste material to our garden..
that's all!!!
This has infuriated him, and in the anger when he tried to throw something towards us, lost his balance and fell down because the floor was bit slippery, and had got some minor bleeding possibly...
The entire incident happened near our garden.
Since for gardening, agricultural tools like a shovel/sickle are very commonly used, after the incident he had got a really nasty idea, complained falsely to police that the injury is because of attack using these agricultural tools(shovel/sickle). Police has mentioned that in the FIR.
Medical report suggests that the injury is simple, and caused by either accident or some blunt weapon?
In these circumstances, can police charge us under 324 IPC?
