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SANJEEV KUMAR (STUDENT)     20 June 2009

FICTITOUS CASE U/S156(3)

A PRIVATE CASE U/S156(3) REGISTERED AGAINST FAMILY MEMBER OF GIRL IN CJM COURT IN UP  U/S 323,324 ETC ETC BY BROTHER OF HUSBAND OF GIRL  AND CASE IS TOTALLY FALSE AND IS JUST TO COMPEL THE DEFENDENT TO WITHDRAW A 498A (TOTALLY GENUINE CASE) CASE REGISTERED IN DELHI. PRIVATE CASE REGISTERED IN 2005 AND NO SUMMONS RECEIVED AND NBW ISSUED IN 2008-FAMILY MEMBERS GOT BAILS-NOW COMPLAINANT IS NOT COMING FORWARD AND NBW WERE ISSUED AGAINST COMPLAINANT

PLS ADVISE:WHAT TO DO AND WHAT REMEDIES ARE AVAILBALE



Learning

 5 Replies

Swami Sadashiva Brahmendra Sar (Nil)     20 June 2009

persuade the court to discharge the accused

SANJEEV KUMAR (STUDENT)     21 June 2009

Thanks, we are strongly persuading the case. But the question is if  somebody is allowed to abuse/misuse the legal procedure then there will be counter case in every case. The intention of 156(3) is not like that . This section is said to be poorman's protection section. 

PARTHA P BORBORA (advocate)     21 June 2009

if u have not received the Summons or the Summons are not properly served, u pl. surrender before the cocerned Court with a prayer to recall the W.Arrest on the ground that the Summons were not served not properly served and allow u to bail. if u really not received the summons u will get the liberty of bail as matter of right.

SANJEEV KUMAR (STUDENT)     21 June 2009

thanks, we have got bails. Now hearing are on. The compliant is just asking for exemtions and exemptions. Due to his this delaying tactics NBW were issued against complainant by cancelling his exemtion application.

My question is :

1. whether we can file defamation case and  in which court it is to be filed. whether in delhi or district where complaint was lodged. 

PARTHA P BORBORA (advocate)     21 June 2009

u can file a malicious prosecution case before the Civil Court under which jurisdiction the criminal case was filed, claiming compensation from the opposite party as they by filing a false case cause harm to ur status ,reputation and goodwill. but it is possible if ur aquited from the criminal case. pl consult a local Civil Lawyer soon.


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