Falsely implicated u/s 307 HELP URGENT
Sonu
(Querist) 09 May 2016
This query is : Resolved
My family won a high court land dispute case in 2004 but the board of revenue didn't sign 'amal daramad ' paper till now. On 4/5/2016 (the day when police had to tell the people who were illegally occupying our land to leave the place) my dad and 3 other people were in our farm, a group of around 20 people attacked them and burnt our car tractor and 2 people were injured. My dad fired in the air from his licensed gun in self defence and somehow reached a nearby home and called SO. Police came and took my dad and in the evening told my mom that my dad is unsafe so we will keep him in police station for his security. We didn't know that the attack was preplanned and the SO SHO and SSP were fooling us. They didn't file our FIR but the FIR of the other party was filed on the same day at 10:30 pm falsely implicating my dad uncle my brother (who was not even in the same city)under section 307( other sections 147 148 149 504 506). We got to know that SO SSP were under political pressure(I also know the political leader's name). My dad is in police custody. The price he is paying for being honest. Fought court land dispute case for 20 years. Even HC judgement was in our favour) Our FIR was finally lodged after 3 days. They charged him u/s 307 on what basis. There was no one who got shot. Police blindly ignored the burnt car and burnt tractor and medical reports of 2 injured people of our side. Please help and suggest what should I do. I would be very grateful. I have all the documents of the court case. Please come forward and give your suggestions.
P. Venu
(Expert) 09 May 2016
You may approach the high Court for an effective and diligent investigation into the matter.
Advocate Kappil Cchandna
(Expert) 09 May 2016
Sir,
If you feel that the prima facie case is not made out, then file for quashing before the Hon'ble High Court.
Warm Regards
Kapil Chandna Advocate
9899011450
kapilchandnaadvocate.wordpress.com
Rajendra K Goyal
(Expert) 09 May 2016
Engage a good layer, get the bail of your father and others.
Defend the case on merits.
This happens in life, have to be brave to face.
Sonu
(Querist) 10 May 2016
Thank you all for replying. can I approach the HC directly? What is the procedure.Also, our 1st bail application got dismissed,which according to my lawyer happens in all 307 cases. Now we have applied for 2nd bail application. We are also asking SO to drop section 307 from chargesheet. Can this false FIR be quashed? Is it done after filing chargesheet? SO has accepted his mistake now and he is saying he will change section 307 to other bailable offence. But when we are legally correct then why should we accept other charges also.
Ajay Bansal
(Expert) 10 May 2016
Now the only remedy with your side is to contest the matter in court.
Dr J C Vashista
(Expert) 11 May 2016
Obtain bail first and then contest the case through a prudent lawyer.
Meanwhile put a pressure on police to lodge counter complaint case, if police do not take any action file application u/s 200 read with 156 Cr PC.
