• False complaint u/s 354 A, 354, 323,34

Hello , 
My brother got arranged marriage in the year 2012, But his wife is not satisfied with him due to his shy nature and work. After giving birth of a baby girl she suddenly started fighting frequently with my brother.

My father and her family decided to resetting them in rented accommodation for the time being. But girls family was not tht satisfied. One day she came with her brother and brother in law and some local gundas at my father residence and  illegally tress passed my father's house and residing with baby on 2nd Floor and left my brother in rented accommodation.

My father lodged a complaint against them but police just filed ncr 

And very next day my brother's wife filed false complaint against my father u/s 354 , 354A , 354 C , 323,34 also included my mother and brother.

After 2 year court frame charges all above and given dates for further argument. police filed chargsheet. 

Please tell whether this charges can apealled in session court?

Divorce case is already going on, and my father filed one case against them in highcourt in which court granted him police protection.
Asked 2 years ago in Civil Law from Delhi, Delhi

Since your father is absolute owner of the house your father should file suit and seek court orders to direct daughter in law to vacate portion of house in her possession

2) seek injunction restraining her from disturbing his permanent possession of the house

3) daughter in law has no rights to stay in house standing in name of father in law

4) you should file application for discharge before trial court under section 239 of cr pc after charge sheet has been filed

5) If the trial court does not discharge the accused, it may then be challenged before the High Court under Section 482 Cr.P.C. in appropriate cases wherever it is permissible.

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

If charges are gramed then only option is to face trial.

However beofre framing of charge you could have filed discharge application. Now when charge ahs been framed filing revision in sessions court will cause of benefit.

Now even wuashing petition to high court will not lie.

However do not worry as if the charges are false the case will fall flat on its face.

So expedite the trial and come out acquitted.'Good luck.

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

You can challenge the charges.

Deepanshu Gupta
Advocate, Delhi
9 Answers
1 Consultation

4.0 on 5.0

After framing charges you can file a petition for discharge in the same court or in the high court

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.0 on 5.0

Charges can not be appealed in the sessions court, though you may move an application for discharge and if you have already moved to the High Court kindly tell what was your prayer and relief granted.

You have the option of challenging the charge sheet in the High court.

Regards

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

If the allegations against your father are totally false and concocted, take your chance by way of challenging this charge sheet in the High Court in a petition under section 482 crpc.

You have a good case. The Court will definitely show some indulgence in this matter.

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

Hi

If your father is still not on bail under these sections then first step should be filing for the bail.

If you want to appeal in Session Court against the charge sheet then you can try once but I don't think it is a good idea to step ahead contest the matter and get acquitted and if you have proves and strong witnesses to prove that these charges are fake you can also file for the Clash of FIR in High Court.

Thank you

Rahul Jatain
Advocate, Rohtak
951 Answers
3 Consultations

4.9 on 5.0

1) burden of proof is upon prosecution to prove allegations against accused beyond reasonable doubt

2) you can file for discharge before trial court

3) quashing is done only in exceptional circumstances

4) if your brother proves allegations made in divorce petition he would get divorce

5) file suit to direct DIL to vacate portion of house in her possession

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

First in session court and if the application is rejected then move to the HC.

Pursue the case well in the lower court so that the divorce case is decided at the earliest.

The only solution is to pursue the pending cases so that the same are decided at the earliest.

After some time the kther party will come to settle the matter when the matter gets old

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

Dear Clinet,

Let the court decide the charges first, being unsatisfying with the order of court, Revision is enough , no appeal required,

Rest can be advised on perusal or order and charge sheet. .

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Please tell whether this charges can apealled in session court?

Not in sessions court, but you can file a petition to quash the same before high court on merits.

Divorce case is already going on, and my father filed one case against them in highcourt in which court granted him police protection.

What else you want, if the high court was not approached for quashing the case, it will not be an automatic relief.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

My father has a self earned property.

Can this fake FIR convict my father? Whether we should try to discharge these section in session court or can directly go to Highcourt?

You can file the discharge petition in the trial court itself or a quash petition under section 482 cr.p.c before the high court.

Kindly suggest what else can cases be filed against my father's daughter in law to put on her pressure...As she is continually occupied his second floor along with her baby.

Besides criminal trespass, he may file a suit seeking mandatory injunction suit against her to evict her and restraining her from not interfering in your possession and enjoyment of the suit property.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Yes provision of quashing of chargesheet is there in Cr.PC. you can move sn application before Highcourt for quashing of Chargesheet.

Rajesh Kumar
Advocate, Ludhiana
119 Answers

4.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer