MANU NEETHI (Consultant) 12 August 2012

Charge sheet filed under 498(a),294(b),323,506(1)

Respected all,

I am living abroad, My brother has been arrested under false case on the above sections and realeased on bail now..

my brother was arrested in the international air port while he was on the way to aborad for his routine work, under Cr.No.3/12, u/s 4 of Tamilnadu Prevention of Women harassement act 2002 and put him in jail for 10 days, subsequently he was released on bail.. Initially the section made out 4 of Tamilnadu Prevention of Women harasssement act 2002 and subsequently the police altered the section into and filed charge sheeted u/s 498(A), 294(b),323,506(i) and trail yet to commence...

Actually, the place of occurrence mentioned in the petition of my brother's wife is false one as she resided in other district and through some police influence she made out the FIR and threated my brother and his family members..

We have some concrete evidence that the allegations are raised by the brother's wife are false and baseless, eventhough we are in fear of her police influence throguh is uncle who is working in the same district as police officer, who helped her a lot and we are unable to explain our position, and through her police influence, she can do anything.. Hope u all understand my brother and my situation..

Under the above circumstances, It would be more helpful, if the lawyers club give suitable advise to whom I have to contact to help my brother during trial time, eventhough he engaged some lawyer, I want to help him to win the from the false case foisted against him..

And in case of failure of the above case what would be punishment imposed to my brother the maximum, pls.advice

Is it possible to move for the High Court to obtain any stay or quasing the FIR in this case..

I would like to contact a suitable criminal lawyer to involve this case, please recommend.. ( Now I am in abroad, I will be back to India, next month first week)

Regards,

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4 Replies

ronita (single) 12 August 2012

You should speak to speak to advocate Siji Malayil, he can guide you on this issue he handled our family matter in similar to your situation here is his profile like https://legalservices.co.in/m/lawyers/view/Siji-Malayil-Associates

you will get the best solution from him
God Bless
Ronita

1 Like

Guest (Guest) 12 August 2012

Dear Querist,

Prima facie, the police action set rolling at the behest of your brother's wife is an abuse of the process of law which can be corrected by the HC in the exercise of its inherent power. If you have irreproachable evidence to disprove the allegation as to the place where the alleged offence was committed, the trial court is de hors the jurisdiction to conduct the trial of your brother. Lack of jurisdiction is one of the grounds on which the HC may quash the FIR.

Remember that when called upon to adjudicate a quash petition, the HC does not ordinarily appreciate evidence, except if the evidence is irreproachable in nature. The HC does not proceed to determine whether the prosecution has sufficient evidence to prove the guilt of the accused, for this is a function which has been assigned to the trial court, and cannot be usurped by the HC in the exercise of its inherent power. Quash petitions ought to be allowed in only those cases where the allegations in the FIR/Chargesheet do not prima facie constitute an offence and the legal process is set into motion with a mala fide intent and with the ulterior object of harassing the individual. Courts are not oblivious to the rampant misuse of S.498A by wives. Hence, the modern trend is to allow such petitions where misuse of legal process is manifest. Therefore, no conclusive opinion can be given unless the FIR/charge sheet is perused minutely.

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Ramesh Potedar (Advocate) 12 August 2012

Agree with the erudite opinion of Ashishji.