354D 506 false case chargeshet filled

Sir, 

Please share the documents, if the allegations and evidences collected are false, then we can go for quahsing or can go for discharge at the stage of chare framing. 

Warm Regards 

Kapil Chadna Advocate 

9899011450

https://kapilchandnaadvocate.wordpress.com/

Dear Friend,

both 354(d) and 506 Ipc are bailable offences and both are compoundable if the complainant I mean the person who gave the complaint is ready to give consent not to prosecute.

This would be a easy solution now ur saying the the girl texting you keep a record of all those messages. Tell her to withdraw the case and then you would think about marriage and all once the case is withdrawn you file a case on her by showing the messages that she is harassing you.

hope this helps

regards

Praveen Vanga

Advocate (Hyderabad) 9985016202  

Dear friend,

                         The following are the remdies for you:

                    1) If the girl is regretting for filing a false case against you you can very well ask her to withdraw the case.

                    2.) you can defend yourself in the trial court since your statement says that they have no proof and there are                                      chances of you getting acquitted in the absence of any evidence against you in any case the allegations are false                          as per you.

                   3.) You can appraoch the Hon'ble High Court seeking Quashing of the FIR against you.

In Indian criminal law the accused has no role to play till filing of chargesheet ! Once chargesheet is filed the court hears the accussed on point chrage and can discharge the accused if charges are found groundless ( See Section 240 Cr.P.c for magistrate trial :-

240. Framing of charge.

(1) If, upon such consideration examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in opinion could be adequately punished by him, he shall frame in writing a charge against the accused.

(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.

If charges are framed then the accused has full right to cross examine the witness where he can elcit truth in his favour 

242. Evidence for prosecution.

(1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 241 Magistrate shall fix a date for the examination of witnesses.

(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.

(3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution:

Provided that the Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.

Further after cross examination of prosecution witness the accused has right 

243 . Evidence for defence.

(1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record.

(2) If the accused, after he had entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing:

Provided that, when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice.

(3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in court.

So dont worry you will have ample opporunity to prove a case a false !

All the best