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happysingh   29 September 2015

False complaint case filed in court

A false criminal complaint case has been filed against myself and others from my family. Somehow i came to know about this is in the early stage and till date no summons or cognisance have been made by the court to me. Only the complainant has appeard for verification and some witness might appear in next date.

The sections mentioned in the complaint petition are Under Act(s) : Indian Penal Code, SC/ST Act
Under Section(s) : 323/324/379/452/504/506/34, 3,4.

I searched and found them to serious non bailable offence.sad

I am fighting a civil dispute regarding a property and i know this false case has been made to harass me and make me take the civil suit back.

What should i do next. Should i straight away appear in the court on the next date to confront them even before a summon or notice is issued or is there another way that can save me from the troubles of bails etc in near future.. Please help me out.



Learning

 7 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     30 September 2015

Chargesheet filed under sc & st act is non bailable.But under this act the complaint will be registered only after the complainant and the accused are summoned to the police station to ascertain the facts by an officer not less than the rank of DySP.The chargesheet is filed only if prima facie exists.Ask UR lawyer to ascertain the exact stage of the case and act accordingly.

 

1 Like

happysingh   30 September 2015

Thank you for the reply i absolutely know nothing about all this. I have talked to a lawyer and he said that the status right now is that only the complainant has appeared to testify and its in hearing stage where probly on next date some witness may appear to testify.

This so called complainant doesnt even exist in and i have no idea of his existence. The lawyer told me to be patient as case has still not been established. I dont know what this means coz if some false witnesses appear in court in next date i will have to run from pillar to pillar. A known person in the court came across this mischief being done against me and alerted me and so i was thinking if i know it even before case has been established is there is any precautionary measure that could help me from now itself and save me from future troubles.

i really appretiate your help

SAINATH DEVALLA (LEGAL CONSULTANT)     30 September 2015

U are establishing whether it is a criminal complaint or a private complaint.if it was a criminal complaint as per sc&st atrocities act u should have been arrested.

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     30 September 2015

It should be read as "U are not establishing"

1 Like

Waseem (Junior advocate)     30 September 2015

Mr. Singh,

As per your narration it seems to me that this is a private complaint and it is still pending before the Magistrate for verificationf of the complainant after which the Magistrate will decide whether to issue summons against you or dismiss the complaint. so as of now you should wait and keep watch on the proceedings and if the process is issued then you can challenge the same before the Sessions Court under Criminal Revision u/s 397 of Crpc. Hope your query is answered.

1 Like

Anand Bali Adv. (Advocate Solicitor & Consultant)     30 September 2015

Dear Mr happy Singh ji, You are advised to take Anticipatory Bail first as these all charges of Hurt, Tresspass commom intention to create atmosphere to break peace and intentional insult with charges of theft and provocation for breaching peace are though the small charges and bailable charges in common sceane however when it is read with the SC ST act it all becomes non bailable offences.

I am in Delhi you can contact me any time of any help.

1 Like

happysingh   01 October 2015

Thank you all for your precious advice. Thanks to you all I was well informed before i met a lawyer today. nd i raised every point you all mentioned in your replies.  The lawyer mentioned few things.

He said that nothing could/should be done at this moment because cognisance has not yet been taked and no case has been established yet. Its a complaint case and everyone has the right to file one. We will monitor further proceedings and then if the sections mentioned are implemented then we will go for bails etc. According to law at this point we cannot interfere with the case. Firstly cognisance then summons and then warrants thats the steps a case takes. So we need not worry right now but yes we need to be vigilant and ready to act when required.

This made some sense to me and i guess I am kind off satisfied with this reason. But i still need your valuable opinion on this.

@ Waseem Thank you the lawyer said exactly what youve advised.

Anand Bali Adv.  thank you for the helping hand but im not in delhi

SAINATH DEVALLA You are right its a private complaint case in the court not through an FIR else they would get me arrested by now.

 


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