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prashant_raman (private)     02 May 2013

Criminal conspirancy case on 498a/dv complaintant

498A/DV b*tch is alleging me of attempt to murder her using knife in every case (2 cases) she filed.
On the day of incidence police made NC323,504,506 on her compliant that she was hand beaten & have also detained me u/s 151 to prevent cognizable offence.
On the same day she went to hosp for medical exam. on her own (Police did not refer her for medical as there were no injuries when she went to PS).
Hosp. after few months issues MLC to her directly which tells 2 small injuries with blunt object.
FIR of 498A alone with no other IPC was filed by her local PS and the case is going on.
Now she is dancing with that MLC in every court but date to lead the evidences has long time to come, where I know that she will fail in cross and because of her false written complanits about the same incident to different authorities that have created many loop holes in the knife related story of attempt to murder.
Question:
this is being criminal conspirancy on her side to implicate me in crime which i have not done; even as per police records and as per hosp. MLC can I file counter case to disclose her mal intensions or atleast to pressurise her which will help me in 498A/DV threatening to oppo. party that I will not keep silence if some body create nonsense?
If yes under what sections?
What will be the time limit for filing the cases?


Learning

 3 Replies

Anjuru Chandra Sekhar (Advocate )     02 May 2013

You cannot file some cases against her because she has filed cases against you.  The cause of action for filing cases is not filing of cases by someone against you.  You cannot fictitiously create some cause of action on your own to prove any case against unless some event which you can best describe as cause of action happened between you and her. 

 

Don't show your anger and frustration against her anywhere.  Calmly defend cases against you.  If there are loopholes in her evidences and allegations they will work in favor of you.  After court delivers judgment in favor of you, may be you can think of filing suit against her for malicious prosecution or perjury.  Till then you have to wait patiently.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 May 2013

Mr. Chandrasekhar is right

Manan Bhimani (Law Student)     06 May 2013

Wait for the court to give judgement and after your aquittal file a suit of malicious prosecution against her and u can receive a big sum of money from her


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