Dear Experts,
I am facing 498A ,323,506 case, charge sheet filed, summons served for the appearance of accused, we are totally 4 family members facing this false case, I am A2 in this case. The next hearing date is posted for next month.my questions are as below
Actually before the FIR ,the women PS-SHO called us for Counselling,we also wanted the same, but we were also aware that my SIL is having some relative in same PS, who is instigating my SIL family for huge settlement amount, infact he had called my brother several times when he was in US for settlement, my brother was against it.when he(A1) came to India, He approached the SP with all the facts about the situation, then SP instructed the Women SHO for only counselling,and take action against that particular police officer,(we are having the instruction letter copy)when we reached the women PS the story become reverse, The SHO took his police officer side, and started abusing us, shouting why we had approached the SP,then he called my SIL family and took complaint and booked the FIR, infact he is the one who dictated the FIR to my SIL in front of us, since he is the boss of that police officer(who we mentioned in our complaint to the SP), he arrested us, and put in cell for 5days without any notice, he mentioned in remand report also that he arrested me and my brother on the same day of remand, where as he arrested both of us without FIR 5 days before, he kept us in PS with illegal detention, fortunately I have some video clippings of our detention which Cleary showing the dates and PS premises, he threatened that if we open our mouth in front of judge about the detention then he will make our lives miserable, he would go to my sisters (A3,A4)houses and make nuisance in public, ours is very reputed family ,we didn’t wanted to mess with this all, that is why we took all this things as he ordered, now everyone is exploiting us financially .any how the news spread to all ,its been already 6 months, now I want to break the silence .
A.Can I use this video recordings, and instruction letter from SP in the quashing application, ??
B.I spoke to my lawyer he is simple telling don’t mess with the police, I don’t know why he is advising like that, I want to take some legal action against that SHO.can I ?????
C.the police is not responding about my complaint which I given in SP office, just telling we already given reply to your complaint to SP office, How to get that Copy of reply ??
2.my brother(A1) is NRI he got regular bail, he had some urgent job related works, with the lawyer’s advice he flied back to US,he stuck in his job, since his summons only pending, but now we got our certified bail copies,(after requesting so many times to our lawyer)we saw that my brother bail order mentioned that he should not leave the country without court pre permission?? Why the lawyer hide it ??When we ask the lawyer he simple said its ok no need to worry he can manage the things with our money??he is charging us too much.my last question is can remaining (A2,A3,A4) face any problems because of this situation??my brother wants come back and collect the summons and attend the court trails, when we informed him about the bail condition he is worried to come back to India . Through this blog only I came to know that it will be a big issue if it comes to court notice about my brother??i am feeling our lawyer is guiding us in wrong way. ??
3. When should I file for quashing of charge sheet in the higher court, since none of the accused are staying together and all from different places. Especially my married sisters A3, A4.we are having enough proofs against the charges. Our lawyer is just prolonging the time stating that he did not receive the charge sheet copies, the copier is not working like that, he is claiming he filled application for certified copies of charge sheet and other documents 3 months before still no results?? I don’t know why he is prolonging that much??He took money also as advance for quashing application, but so far he did not applied??
4. Once the trial starts then all of us have to attend the hearings?? While trails are on, then in between can we approach the higher court for quashing of the charge sheet with other lawyers??i heard once trial started then we have to face it till case disposed ?? is it true ??
Dear experts we are facing this situation first time in our lives, we don’t have any knowledge of LAW. Kindly give me your valuable inputs on this.
