False fir u/s 509/354
ab
(Querist) 15 August 2013
This query is : Resolved
Hi,
Some one help! One male member alongwith family members tried to publicly attack my mother, abused her no of times. I went to save my mother and took her silently home. We gave a written police complaint twice confirmed by witnesses (ladies who saw and intervened to stop the attacker), but one of the male member of the family used a woman of the house to counter blast a false fir against me u/s 509/354 due to personal grudges. This family tied up with police and fabricated a false case. Witnesses signature are taken basis misguidance without knowing anything about the incidence and statements were written on their behalf by the attacker. The attacker also took signatures of few people on blank paper and added all false content after wards to present the same to police. Now 2 witnesses and signatories regret for getting misguided. Molestation incidence has no witnesses.
That female member fabricated a case and says that molestation incidence took place before 2-4 days and before 10-15 days. time not known and date also not known. all false docs in chargesheet says that society also confirms the molestation happening. Society when get to know this then got shocked. No investigation was done in this. My career is on verge of finishing for saving life of my mother. Can this fir be quashed. what should a son have done if he see his mother alone attacked by whole family.
Police is now saving themselves by presenting false docs.
I did the right thing by intervening and begging that male member to stop.
Witnesses to my complaint, witnesses of the cases and signatories are with me but are afraid of going to court. Entire locality is with me because they know me from beginning. That female member is expert in misusing women laws.
Please assist in getting this quashed.
I did nothing and has been booked by the cop-attacker nexus.
Ajay.
Dr J C Vashista
(Expert) 15 August 2013
It is only after charges framed, you can prove the allegations as false, then get acquitted.
Devajyoti Barman
(Expert) 15 August 2013
First take bail. Quashing is only a second option and taking of outside chance. Mere falsity of case does not make it amenable to quashing.
You can nevertheless take a chance.
Nadeem Qureshi
(Expert) 15 August 2013
Dear Querist
file a quashing petition if you have very strong proof in your favour before High court and first get arresting stay till the final disposal of the petition.
Feel free to call
ab
(Querist) 15 August 2013
in the form of strong proof I have
1. affidavit of witnesses that they dont have any involvement in the case and are not witness to the case.
2. And an affidavit of signatories that their signature was taken on blank paper and they were misguided and pushed to sign the false evidence document.
3.A vigilance inquiry that happened late in which our witnesses says that complainant and her husband abused my mother publicly and i am innocent.
4. the molestation incidence is fabricated in the stairs at time not known and date not known. chargesheet says that locality intervened during previous molestation incidence and instructed me not to repeat, but nothing such happened, i can get this signed on an affidavit from all people in the locality that they never heard of any molestation incidence.
5. In 2007, this party attacked entered our house and attacked my mother, we called at 100. After applying RTI, police says that diary number record has been deleted.
will it work to be quashed or case can be transferred to fast track court because I have not done anything and want to come out of this.
Devajyoti Barman
(Expert) 15 August 2013
try for quashing fist and then apply for fast trial.
ab
(Querist) 15 August 2013
in the form of strong proof I have
1. affidavit of witnesses that they dont have any involvement in the case and are not witness to the case.
2. And an affidavit of signatories that their signature was taken on blank paper and they were misguided and pushed to sign the false evidence document.
3.A vigilance inquiry that happened late in which our witnesses says that complainant and her husband abused my mother publicly and i am innocent.
4. the molestation incidence is fabricated in the stairs at time not known and date not known. chargesheet says that locality intervened during previous molestation incidence and instructed me not to repeat, but nothing such happened, i can get this signed on an affidavit from all people in the locality that they never heard of any molestation incidence.
5. In 2007, this party attacked entered our house and attacked my mother, we called at 100. After applying RTI, police says that diary number record has been deleted.
will it work to be quashed or case can be transferred to fast track court because I have not done anything and want to come out of this
Raj Kumar Makkad
(Expert) 18 August 2013
Generally the possibility of quashing in such case is remote as the allegations are specific.
prabhakar singh
(Expert) 18 August 2013
Mr.Barman seems a bit confused or serving advices under your unnecessary pressure otherwise the law and policy of quash in his mind is no less than any of the experts.
Raj Kumar Makkad
(Expert) 18 August 2013
If author has made up his mind to waste his energy and resources for such vague litigation, noen can stop him.
ab
(Querist) 19 August 2013
The allegations are a bid to protect her husband from action and as a result of personal grudges.
Is there a way to come out of this or possible to take case to fast track court.
I havent done anything. Atleast if i hv done anything then court should give me rigrous punishment asap . The sole purpose of that lady is to take this case long by increasing the weight of allegations like she is telling people in the locality.
