False case against me and family
5 years ago
I had complained in police station regarding one of my colleague for abusing me and breaking my house glasses. Police forwarded the matter against second party i.e my colleague to SDO court u/s 107 CrPc to ban him. Now the proceeding is started in SDO. I got to know two days before that my colleague has filed one false complaint case against me and my wife, after 107 case filed. The complaint made by him is totally false. Kindly suggest what to do
Rajender Prasad
Responded 5 years ago
A.APPROACH VIDHIKARYA.COM FOR A GOOD ADVOCATE FOR SOLUTION OF YOUR PROBLEM.
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A.Take a copy from Police of the false complaint that he filed against you, Then only some solution can be suggested.
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ROBERT D ROZARIO
Responded 5 years ago
A.Need to review the copy of your complaint, 107 CrPC petition and the complaint filed by your colleague. Only after ascertaining the facts and evidences, legal advice can be delivered. If you feel you have a case which needs to be quashed, then file an application u/s 482 in the high court for quashing of the criminal proceeding instituted by your colleague. Contact a local lawyer from Vidhikarya.
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Deepak Yashwantrao Bade
Responded 5 years ago
A.dear client if you receive summons or notice then you file your say. kindly go through local lawyer for further process.
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Ashish K Dongre
Responded 5 years ago
A.Take help from Local vidhikarya lawyer asap.
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Aashish Kumar
Responded 5 years ago
A.No need to worry. When u receive any notice or summon file your reply against that complaint and in reply you can mention that this complaint is just a fraud nothing else. For more information kindly contact at my profile.
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Rameshwar Dadhe
Responded 5 years ago
A.By advocate Rameshwor dadhe dear sir
i think it may the proceedings before the Executive Magistrate as per sec 107 Crpc.
if it is under section 107 CrPC ..you are bound to appear before Executive Magistrate and give you explanation/objection. either you can appear in person or can engage an advocate for the appearance.
(107. Security for keeping the peace in other cases.
(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of\' the peace or disturb the public tranquility and is of opinion that there is sufficient ground for proceeding, he may in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond 1[with or without sureties] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
(2) Proceeding under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act as aforesaid beyond such jurisdiction.)
if is under section 107.. then you are bound to appear before the court ,unless court will issue warrant. pls engage a lawyer to defend you case.
i think it may the proceedings before the Executive Magistrate as per sec 107 Crpc.
if it is under section 107 CrPC ..you are bound to appear before Executive Magistrate and give you explanation/objection. either you can appear in person or can engage an advocate for the appearance.
(107. Security for keeping the peace in other cases.
(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of\' the peace or disturb the public tranquility and is of opinion that there is sufficient ground for proceeding, he may in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond 1[with or without sureties] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
(2) Proceeding under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act as aforesaid beyond such jurisdiction.)
if is under section 107.. then you are bound to appear before the court ,unless court will issue warrant. pls engage a lawyer to defend you case.
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Ravi Bhushan Pd Sinha
Responded 5 years ago
A.Firstly you should thoroughly enquire about the case, whether it is a police case or Court case. If it is police case then take immediate step for getting anticipatory bail.. If it is court case then wait until the court take cognizance of the offence and after that you should take steps for anticipatory bail. With regard to the falsity of the case, it is upon court to decide the matter, after completing trial ,whether the case is true or false.
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