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Amit Kumar (Marketing Excecutive)     01 June 2015

Want to know whether i can get relief or not

Hello

i need an urgent help in getting relief from a false case that had been framed against me. one of my sister`s friend falsely framed me in various charges in sections 376/377. i got to know by many people both  the charges are very serious and can lead to a very miserable life in future. I also got to know she was married before also but she hide it to me for a long time, and there is no any evidence of unnatural s*x in medical examination in her. This FIR against me had been registered against me around one year before, i recently got Anticipatory bail from high Court due to some reasons like, the girl who booked me in these charges had been continuously fooling me and my sister, she took around Rs 5 lakhs from my sister by being in good faith with her. she also wrote a self hand written letter in one police station that we got married and in one other police station she demanded police protection for both of us and took me home for around 4 days. There at her home her brothers and she beat me like anything and told me to bring Rs 50 lakhs from my father and only then she will left me spare otherwise she will made my life like hell. Due to her written complaint officer at police station summoned both of us and asked me whether i want to go with her or not, i told there they had beat me all the night and i cant live with her and yes we are married and i want divorce with her. Than i came home nobody at my home was ready to let me in so i left for one of my friend in delhi. soon after this i got to know that she filed an FIR against me in my nearby police station and framed all the above mentioned charges. I dont know why but police didnt took any action against me for so many days and then i found a lawyer who told me, i can provide bail to you from session court but it had been rejected because NBW was issued against me after 15 days of FIR but still Court didnt told police to take any action, then i changed my lawyer and he told me you only can get bail from high court and he applied for that firstly i got intrem bail for 2 months and ordered me to present me in front of police for any further investigation. i presented in front of IO 2-3 times then high court gave me permanent anticipatory bail. 

Charge sheet has not been filed till yet, one of my lawyer told me that U/S 169 Cr. P. C a police officer have a power to make you discharge or relief in this case, my lawyer also filed a Divorce case against her as we got married in a temple without any presence of our parents but her conduct towards me for extorting money like this is not acceptable for me. so is there any way out from getting me out of this.

Can an IO, or higher ranked police officer has power to make discharge in this sections with the power of U/S 169 Cr. P. C. as there is no evidences against me. Instead of that there is one conversation of that girl and with my father, in which she tried to threat my father for that she will make false charges against me and my family that had been recorded by my father. There is one more recording in which she is telling that we had been married in that video her brother was also there.

Please help me i am in a very troublesome situation

 



Learning

 5 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     01 June 2015

After knowing she was already married,even if pressurised how did U marry her?Whether implicted or true, to come out of the cases better rely on a good local lawyer.

Amit Kumar (Marketing Excecutive)     01 June 2015

Thank you mr sainath Devalla, for your response to my query

There were lots of things that she hide from me and my sister that she was married previously, we were in physical relation after getting in contact but with her consent only, then she forced me to marry her, second thing is marriage that we had done was arranged by her, only she contacted to pandit and mandir etc. i just paid money thereafter. then i go with her to live but because as my parents came to knew about this thing they extracted me from there house. 

so i just want to know as she lodged FIR in which she didnt mentioned that we are married but after me getting bail from high court, she is telling IO that " maine us se shadi ki hai aur vo mujhe apne saath nahi rakh raha" 

i heard about sec 169 Cr. P.C. so is it applicable to these sections also i will be thankful to you if you tell more about this please   

SAINATH DEVALLA (LEGAL CONSULTANT)     01 June 2015

Section 169 crpc deals with the release the accussed when the evidence submitted is not sufficient for the arrest.

Advocate Lovkesh Gupta (Divorce Court marriage criminal civil lawyer in jalandhar)     02 June 2015

if u have pics of marriage and other proofs of marriage then go for quashing

Amit Kumar (Marketing Excecutive)     02 June 2015

Originally posted by : Advocate Lovkesh Gupta
if u have pics of marriage and other proofs of marriage then go for quashing

No i dont have any proof of marriage, rather then her written compalint and her acceptance in written in front of her brother in a police station. that statements is in record of police station. 


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