Hi ,
Can someone plz help me in my case:
An advocate (Mr KSM) has filed a false case against us (6 men+1women) against IPC 420/506. Actually, I have sold my ancestors property to 7 different people in 2007.
Mr KSM has filled a false case against us under 420/506 ipc. He says that we are (all 7people) formed a “Bhoo Mafia Group” who acquire a land illegally and sold it out. He said that in Feb 2007 we all went to his home and we threaten him in front of his family (wife and 2 daughters) to kill him and his family. There were 2 FR (Final Report) submitter by area police inspector on his request to magistrate. Both FRs were in our favor. In 1st FR the investigating police inspector went to visit Mr KSM to ask him any legal doc/paper he has which could proof that he is actual owner of that property (which I have sold to 7 people). But Mr KSM could not provide any such docs, even he was not at met at home many times when investigating inspector visited him. Investigating inspector took “Gawahi” (statements) of 4-5 different person residing nearby the area where we live ( I and Mr KSM both lives in the same society) . These people told that we are innocent and having kind nature.
On Jun-2009 the lower court magistrate called all us and cancelled our bail by canceling the 2nd FR (which is more less same as FR1 stated above) by processing this as a “Straight Case” instead of a “Complaint Case” and send all of us in Jail.
Then we filed a bail petition to ADJ (session) and the bail was grated after hearing arguments on both the parties (since the name of place and boundaries locations of the said property are not matched the bail was granted)
The dates were going on. Some one suggested us to file a revision case under DJ (dist judge) and we did the same but our revision got cancelled because the Govt lawyer said that we should have file the revision case against TALWI ORDER not against the Charge because Charge once made can not be taken back (we have filed a case revision against CHARG) and the case is transferred back to the lower court
Now I am not sure what should we do now. Should we go to high court to take “Proceeding Stay” on this case and file a fresh case against him under civil court?
Kindly advice, will this help us?
