False 406 case

Dear Client,
To address or resolve a false complaint or false allegation filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973(now Sec.528 of BNSS). The Section 482 Cr. PC empowers the High Court to dismiss false complaints/criminal proceedings initiated under that complaint/FIR before the trial Court against a person. It is essential to prove before the court that the complaint/FIR or criminal suit was lodged with malicious intent to cause harm or inconvenience and is devoid of truth. The burden of proof rests on the petitioner. An application for the quashing of false complaints or criminal proceedings can also be filed before the High Court under Article 226 of the Constitution of India through a Criminal Miscellaneous Writ Petition invoking the extraordinary jurisdiction of the Court to quash an FIR or criminal proceedings. A person who stays abroad can execute a General Power of Attorney(GPA) abroad appointing a person of his choice as attorney to handle the legal matters in India on behalf of the executor of POA, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate of the concerned country. They will notarize the GPA for him. Depending on the country, he or she needs to get the GPA apostille. This is an international certification comparable to notarization that confirms the authenticity of a document for use in another country that is a member of the Hague Convention. Once notarized and apostille, he shall send the GPA to India. According to the Ministry of External Affairs, Government of India, all GPAs executed outside India must be consularized by the respective Consulate. This adds an extra layer of verification and is mandatory for the GPA to be valid in India. The GPA needs to be registered by the constituted attorney at the local sub-registrar office having jurisdiction over the subject matter. As regards your concern for your aged and ailing mother, you may consider for filing a petition praying for a protective order before the City Civil Court or District Court to protect her from any harassment. A Protective Order is a civil court order that is designed to stop violent and harassing behaviour and to protect you from the abuser whose attitude or behaviour appears to be life-threatening. There are two types of Protective Orders available for you. 1. Emergency Order of Protection (Ex Parte Emergency Order of Protection) - The Petition for Protective Order must clearly show that an act of abuse or threat has occurred. 2. Regular Order of Protection (Non-emergency). There are no fees for filing a petition for a Protective Order. You do not need an Advocate to file for a Protective Order. However, if you wish, you can hire an Advocate to represent you suitably before the Court to obtain a protective order. At the Show Cause hearing, you have to show and prove by adducing substantial evidence why you need the Protective Order. If possible, consult with an experienced and senior Advocate of High Court for tailored advices and steps to navigate the issues in the right way.