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Nishant (Doctor)     12 May 2013

Framed by my wife and police

 

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My family has been framed in a menu of criminal charges . The list goes like 307/308/323/325/514/498a/419/420/467/468/.  3/4 dp act  just because I am not meeting her extortion demands.

   My wife forced herself into the house after I had filed for divorce  and she lost the transfer petion wherein she claimed grave threat to her life in my house.    . Her parents followed her and apologised  for her behavior over 4 years of our marriage. But within 3 months she had file for domestic violence  and continued to harass me and my parents using the police with whom she very quickly had become friendly , in a unfortunate sort of way. 

Meanwhile she continued to evade the court and after more than a year when she did not file her written statement I obtained a expedition order from the high court so that the court could decide in 6 months.   The case started moving at a brisk pace and just when she had to appear for cross examination she has used the police links to cook up this the new case  alleging we attempted murder  (my house is covered by CCTV) and  the FIR has been filed 3 months after the incident shown and she has also submitted medical certificates and X-ray all 3 months old.  

She has involved all members of my family and  we have had to leave our house fearing arrest . Meanwhile she again came back to the house having filed the FIR  but since we had left the place and locked it she is staying out for the time being . Not finding us she started filing FIR against our employees alleging that she was robbed at gunpoint near a ATM in a railway complex .  so  our staff was arrested and put behind bars by the railway police using nonbailable sections. thanks to the magistrate he is out but my family is still on the run . 

In uttarpradesh there is no anticipatory bail . Most of the senior lawyers I have spoken too have told me that they can't even get me a arrest stay because she has shown injuries and X-ray .  I have investigated to find out that the medical certificate has been issued by a Ayurvedic doctor who is not Mbbs   and Was on government  contract in a village 35 Km ffrom our house in a single room goverment facility. I have lodged a complaint against him with the district CMO who has revealed that this man has done similar forgeries in the past and he has agreed to lodge a FIR against him and constitute a medical board to examine my wife which I believe will be a futile exercise since nothing will pick up these injuries after 3 months .

And my counse tells me that the bench hearing FIRs will only look at the injuries and X-ray which even though forged are existing on paper.   So I have to go back to the same police that has started this game . And their solution is simple ...pay up to her and them or else the IO can order arrest at any point of investigation with such serious charges.   

     Please help .....


 


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 5 Replies

Tajobsindia (Senior Partner )     13 May 2013

1.    Keep up the fight. Donot think nothing will come out from constituted medical board. Abusive metro wife place is jail not society. Donot succumb to submission. Your fight is on right track it takes time to come innocent.

2.    Unfortunate is the situation of UP inspite of guidelines issued by Apex Court on AB / Notice Bail.

3.    Seek injunction / restraining Order against her / her family members not to come to your property as you have enough evidences / certified copies (for this ref. to her TP).

4.    Also refer to Apex Court decision I placed in below link

https://www.lawyersclubindia.com/forum/Homoeopaths-can-t-take-up-allopathy-orders-court-80543.asp


(Guest)

It should be a practicing doctor [allopathy] who is experienced and should be in government service.  Such certificate issued ie medical certificate issued by such doctor should have the seal and signature of the doctor and the chief medical officer of that district.  Only such medical certificates are acceptable.  And not of some letter issued by some quack like what you are stating.  

ANAMIKA VICHARE (LAWYER)     14 May 2013

Now that you have already undergone the trauma of arrest.   you hv to maintain yr peace of mind.   It is better u file Divorce Petition..But do nt show that u want settlement..   i feel it is yr wife who wants divorce and has preplanned everything to extract money from you.  Dont give up.  Don offer any money.....for any help...anamika_vichare@rediffmail.com

9920764088

01-317-801-2323  In case of emergency this is my usa mobile no. till 31st May

u may give miss call

Just dont worry

Sudhir Kumar, Advocate (Advocate)     16 June 2013

for issuing MLC or other certificate one doe snot need to be Govt doctor and one does not need to be MBBS

Sudhir Kumar, Advocate (Advocate)     16 June 2013

see how the things went wrong


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