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vivek (student)     08 January 2013

How to protect oneself from false cases filed through 156(3)

Dear Experts,

Now a days it has become a common fashion to mis use law through CrPC 156(3).People file such cases due to enemity and all that .They make a filmy story .Is  there any remedy in our law to protect from such acts.

I am victim of such act.Two years ago,Some people attacked at my home and caused serios injuries to 3 of my family members. A case was registered at police station against those people u/s 147/148/149/323/325/307/427/452/504/506.But just to make  pressure for compromise,the wife of one of the accused had filed an application i/s 156(3) .In this application all my family members have been named including me..Same was treated as complaint case and also dismissed by majistrate and sesion court u/s 203 of crpc.Now she has filed a writ in HC against  the dismissal of complaint case.

Does HC will see merit of case or only prima facie.

Its just an abuse of law .I request  experts to give some advice how to protect from these type of acts. 



Learning

 2 Replies

Chetan Joshi (Advisory/Advocacy)     09 January 2013

As you correctly said the motive of filing 156(3) was to create pressure, the magistrate has the power to order investigation and not pronounce judgement. An allegation is not equal to an allegation proved. If the case lacks substantiality in evidence, it should be rejected in H.C....

 

 

What is important is to understand is the applicability of law and not fear it, at last but not the least, stick to the what is (truth).

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com 

kamal (Advocate)     10 January 2013

Dear one,

 

HC will see merit of the case  not prima facie and simply will dismiss the case.

 

Best regards,


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