Yogendra Kumar (owner) 27 October 2013

Suggestion regarding criminal case

Hi All,

My Name is Yogendra Kumar and living in village of UP. I am only son of my family and my father was a prdhan of my village. But in July 2012 my father killed by 8 person of my village. From 8 of them 4 person belong a family who defeated “Prdhan election in 2010” by my father. So they have strong aim to kill my father. After my father murder we complained in police and registered case for those people in court. Now case of my father murder is on trial in dist. Court. But a lady of my village who is wife of one accuse from 8 person registered rapid FIR 25-Aug-13 on my name and my cousin’s name. But we did not arrested till now because our police station’s Spector sent our blood sample for DNA test. After DNA test report any other action will take for us by Spector. Please help me for which steps I should take toward all these things. Any suggestion for Defamation.

Thanks & Regards

Yogendra

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3 Replies

Laxmi Kant Joshi (Advocate ) 27 October 2013

1. Pl. mention what charges she had made upon you in her report , rape charges , gang rapped charges , attempt to rape / gang raped charges , mention the sections .2. Were These are the sections 376 , 376(2)g or 376(2)g /511 , 120B . 3. if you both found innocent in DNA report then you both are entitled to file Defamation case against her , it also shows her malafide intention to weaken your fathers murder case . 4. also file a case u/s 182 ipc against her , it is for filing false fir against you both . 5. engage a lawyer to handle your case .

Yogendra Kumar (owner) 27 October 2013

FIR is for gang raped charges. I can file case u/s 182 ipc agianst her before DNA report.

Adv. Chandrasekhar (Advocate) 27 October 2013

First file application for anticipatory bail. This will be kept pending by the ASJ till the medical report comes. Once it clears you, there is a chance for you to get anticipatory bail and later on bail. Then wait for police charge sheet. If the police file closure report, then you can file case against her for falsely implicating in the rape case. If the police file charge sheet, then you have to contest the case in normal routine, using all the legal procedures available to you under Cr.P.C. to approach the higher court against the charges etc. At this stage you cannot file any case against her.