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yashwant   11 February 2015

False and fabricated 498-a, 323, 506 & 3/4 d.p act

Dear Sir,

 
Please help me with your advice for false and fabricated 498A FIR, which is now under trial at her own district..
 
Query No.1) Her lawyer used to threatend me on each date. He used to say do compromise with her otherwise I will use section 319 and will put your parents and younger sister in jail. As in chargesheet only my name is there. Her lawyer is Bar Association Serceretary and her place is approx 350-400 Km, in U.P from my home. When I used to go for date at her place, she come at court with their relative and lawyer, used to abuse and threaten me. And in front of Judge, her lawyer threaten for 319.Sir, what should I do.. I am really worrying about my old parents and younger sister, who is married 3 year before my marriage.. How I can stop her 319..Kindly advice me the solution for 319 with artifacts..
 
Query No.2) Sir, As I am searching on Google for 498-A, and gone through many web site links. As my case is under trail, I want to know under section 498-A I have to only proof that I am innocent or she has to put evidence in front of Judge to prove her false FIR allegation. It is so in may website it is mentioned that she has to only prove the allegation which she has mentioned in FIR and i am pretty sure she won't be able to proof. But in one website portal, it is mentioned that accused has to prove that he is innocent.. Please suggest and advice.. On the basis of the lier statement Judge can throw anyone in Jail, if she take a name of Prime Minister than he has to prove that he is innocent.. Please suggest and advice..


Learning

 3 Replies

Dr J C Vashista (Advocate)     11 February 2015

Contest your case, generally such cases do not succeed. Be bold enough against her lawyer and tell him to do whatever he knows, sky is not going to fall against you.

1 Like

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     11 February 2015

engaged a good lawyer

T. Kalaiselvan, Advocate (Advocate)     13 February 2015

The opposite lawyer cannot do anything nor can he threaten you this way.  You can give a complaint against the lawyer in the court itself through your lawyer by mentioning the attitude and pressure tactics adopted by the opponent lawyer.  You should insist your lawyer about this.  As far as the allegations or the case, it is for the complainant to prove her case and not you.  It is an allegation she has thrown against you so it becomes her duty to prove it.  So sit tight, nothing will hamper if you have merits on your side.


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