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Nayan Kahar (C A Final Student)     15 November 2010

Fake Case by police u/s 151, what is remedy

Dear friends please advice me regarding following


I am a CA , my brother is also studing in SY B COM


We live in Gujatat


1year back my cousine brother had a quarral with one man-Say X( who is alredy having lots of criminal cases including kidnap and roberry), actully my cousine was innocent but because of X's good contacts with politicions and police he managed to sue on my cousine as well as on by real brother, as result both (Cousin and brother and other Two friend became wictime of that case charging section like 307, 111g )


The incident was like this .... when my cousine brother went in the shope of the X, for buying something, because of some missunderstanding between them they had a quarral, then X called his friends from the shope itself and they badly hit my cousine, he was badly bleeding, that is why my cousine sister called my brother for taking him to the hospital and he done the same. ( my cousine brother doesn't have parents- they passed away in their childhood)- My real brother was actully not knowing anything, just he took him to the hospital.


The shope is in my cousine's street only, when it is seen by street men they reacted very aggresively and beat the X badly.


X filled the suit on my cousine, my real brother and other two friends. Subsequently police caught all of them and through court procedure of bail all of them came out of the jail in 2 days.


This was happned one or one and half years back,


Now today two police men came and asked for my brother, when we asked them why u want him, they replied that we have the summons and we want him for the above mentioned case.


They din't gave or shown me that summons (i doubt that they din't had any summon), at that time my brother was out of town, so they went back.


when i inquired in the police station from some link, i came to know that they wanted him for chargeing Sec 151 of ipc. this is not about the old case.


Now the question arise can they do so ,


For one offence can they charge the person twice, or it was just because of meeting some target.


Please give me your valuable reply.



Learning

 1 Replies

Mr_chamku (HR)     15 November 2010

Hi

first u need to have that fir copy & read what exctly written on it.

to do so you need to use right to information act .

you can send rti application to IG or SP .

IG is good option.

ask them to give copy of fir for complaint logdge for xxx person  in yy police station like that.


other lawyer will give u more details on it , i m not a lwayer just giving u my experince.

u can also consult ur local lawyer.

I found that this is the only way to get a certified copy of fir with Rs 10 only officially.

else u  may need to expnse 1000 buck for it.

if 5 or  more people do somthing wrong like maar pitai etc then 151 is used .

less then 5 case can be dismissed easily.

so with ur brother 4 more people need to be accused , this i haerd from lawyer dont know how much is correct .

 

good luck


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