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anahita bhats (employed)     30 March 2012

Criminal prodedure

Respected Sirs

I would like to find out what happens if one is flasely accused , for which we are granted anticipatory bail, what happens next  , what is a charge sheet , and is surety necessary, , can i  counter claim as i am falsely accused due to personal grudge. Please advice thank you



Learning

 4 Replies

Arvind Singh Chauhan (advocate)     30 March 2012

After your bail police may file charge sheet or may submit closure report. If charge sheet is submitted, court frames charge you have chance to plea for discharge with sound ground if any.

If charge is framed and you are not satishfied with it, you may file revision in superior court otherwise may contest with proof and evidences.

Chrage sheet is conclusive report of investigation that you have done such and such offence, which is submitted to court with required material and evidence for trial.

You would have already pleaded at the time of bail that you have been falsly accused. And defence stick on this, during whole trial.

You may counter claim for false accusation only after acquittal. But if there is cross case you may file complaint in court or police station.

anahita bhats (employed)     31 March 2012

Respected Sir

can you pls suggest me agood defense lawyer ,  but a reasonable one , the earlier on who we had could not , sorry to say but open his mouth in front of the judge, we got anticiaptory bail as the case has not much value but was done agianst us due to internal grudge and to harass us,  we have already givem surety and done the necessary procedure ,  what next ?   is it so easy to put a case in court to deframe others ..without verifying credentials or anything ...? thank you 

vandana (director)     05 April 2012

I have a problem here and would request if you people in this forum can help me.  Now my father in law had an alto car which was smashed by my sister-in-law's son, the car was totally damaged. Dealer suggested total loss and so as the car has no papers pollution and rc, the car was given to the buyer for 1,30k out of which 90 was paid by the buyer and rest 40k was supposed to come from insurance company.  My father in law was very sick that time, now in november my father in law expired. so the insurance company asked for copy of the will, affidavit from legal heir and affidavit from children saying they have no objection that the money be given to my mother in law.  As my husband and one of my sister in law are working abroad, and one sister is no more and one sister in delhi.  My sister in law in delhi is a widow and has a very fraud mind and she has shifted to my mother in laws house, i was amazed when i receieved a call from insurance company asking about the whereabouts of my husband, i said my husband is not here he is abroad, i was asked as to who signed the affidavit then, i was shocked that my sister in law who is in delhi  bought a stamp paper in her name, had forged my husbands signature and my other sister in laws signature who is abroad, got it notarized and submitted that affidavit to National insurance company.  I was called by insurance company and i verified that my husband is not there and these signs are not of my husband.  they asked me to mail it to them and i did.  as i was also in a state of shock.  As a law abiding citizen i really could not take this....

Now my question is:

National Insurance company is not giving me copy of the affidavit, I am afraid that they may return the affidavit to my sister in law, they say they wont do it, but they can, u never know as my sister in laws husbands are very well connected.

 

They have forwarded the case to the legal department, now what wil they do? My sister in laws husband says that he can get the affidavit out in seconds as he knows someone in the prime minister office.

The whole family is shouting on me and telling me y the hell i gave it in writing? I am under lot of stress and pressure.  Even my husband,who is also under pressure of the family. i feel what if they do something? they are saying they will give back dated power of attorney or tell the insurance company that they gave a verbal agreement, really BUT THAT IS DEFINATE THAT SIGNS HAVE BEEN FORGED BY MY SISTER IN LAW BECAUSE THE SIGNS DO NOT MATCH, THEY CANNOT IN ANY CASE PROVE THAT THEY ARE THEIR SIGNATURES...REALLY it was my instant reaction as the insurance company had first asked about my husbands whereabouts and then told me about this affidavit...they want me to say that i complained wrong...but my inner concious and principals dont allow it...please suggest as the insurance company told me that they will be booked for cheating the government company and also misusing the stamp paper....I dont understand should i stand with truth or not...I really dint understand y they did this for 40k rupees, dont know what they are planning next or what they have already done as my lot of stuff is lying in their house and locker.

Now what do you think the insurance company will do??

What should i do? I am afraid that I am living alone with children, they can harm me if they want? I cannot c my husband suffer?? what if they change the affidavit by giving bribe..can they, is that so easy, i have emails wherein i have complained.

 

please help

regards,

 

vandana

 


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