• Implicated in false case under section 420, 465, 472, 473

I have been put into a false case of cheating and forgery of a document due to some personal vendetta against me and forceful recovery of some amount of money in regular course of business.
On [deleted], the FIR was registered at Vartak Nagar, Thane Police station. My AB got rejected at the sessions on [deleted]. I then had to move to the High court, also where my AB was rejected on [deleted].
Now today after more than 1 year has passed by, I came to know that the IO has filed a chargesheet.

I even complained about this to PMO but there was no justified response.

I was also compelled to give a lot of money to the people involved in this matter. In between, there were also talks to classify the case under 'Summary C' and assuming that this must have done I was little relieved.
But
I am really worried now. Extremely depressed for last 1 year due to this matter. My life is totally disturbed in terms of family, personal, financial and socially.

What can I do now?
Asked 7 years ago in Criminal Law
Religion: Hindu

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11 Answers

Hello sir,since now the chargesheet has been filed it is advisable to file for AB again tn the court..Kindly confirm me that if you have not been granted bail by court,whether you have been evading arrest???If you have been evading arrest ,there are chances that you must have been declared P.O by police...kindly provide the above details???

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Hi,

You are suggested to get the copy of charge sheet and find out what are the details submitted by police.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Sir first of are you absconding??? if no bail and arrested. First of all it would be better to file an anticipatory bail if that is not granted surrender before police obtain regular bail.

also if chargesheet is filed then apply for discharge application before trial court and if that is rejected in that case file an quashing petition before high court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If charge sheet is filed against you apply for discharge before trial court

2) you can apply for quashing before HC but quashing is to be done only in exceptional circumstances

Ajay Sethi
Advocate, Mumbai
99879 Answers
8150 Consultations

1. You have not mentioned as to why have your repeated AB application filed before several courts have been rejected since AB is rejected if there is a chance that the accused will influence the witness, destroy the evidence or run away from the clutches of the court.

2. What grounds were mentioned in the orders passed by the Judges showing reasons for rejecting the AB petitions? Those grounds should have been satisfied why further applying for the bail in higher courts.

3. Since, charge sheet has been filed now, he can apply for the surrender bail and then contest the case fittingly.

4. Engage an experienced lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
27723 Answers
726 Consultations

Now you apply for AB, get enlarged on bail and then see for the possibilities of quashing the charge sheet

If you are confident that this is a false case filed on a personal vendetta, you may fight it out on merits and documentary evidences from your side.

You can engage an experienced and skilled advocate to handle the case.

T Kalaiselvan
Advocate, Vellore
90079 Answers
2502 Consultations

Firstly, the AB may be accepted at least before the Higj Court if argued in a good way by contradicting the complain and status report of the police.

Secondly, as now when the chrgesheet has been filed, you can apply for AB in the Supreme Court.

Thirdly, surely would get bail as you must put prayer for cooperation with investigation if needed further as after the filling of chargesheet there is no need to keep a person under custody.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Sir,

You should follow the foot steps of politicians. You may immediately approach High Court again and get stay on the proposed Charge sheet for setting aside or appear before Trial Court and file a application for discharge from the alleged offences. If such application is rejected you may challenge such order before high Court. If you let trial to run then there is every chance of conviction inspite of best defense you may take. In criminal cases the only possible defense is to prolong the conduct of trial so that the prosecution side destructed automatically.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Have you u ever been arrested ?

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

If chargesheet is filed you need to apply for regular bail before the magistrate court. You can also surrender and secure bail. In this case now you can file discharge before same court.

Prashant Nayak
Advocate, Mumbai
34591 Answers
249 Consultations

You can do the following:

1. You should also file a complaint of frivolous case against you before the police station;

2. You can also file a case of defamation unders ections 499,500 against that person;

3. Summary C report means that the facts are not detected whether true or false. Therefore you don't need to worry much;

4. You should have received an AB since the sections under which you have been charged, all are bailable;

5. Nonetheless, because even if you are arrested you will get bail since the sections are bailable;

6. You should read the chargesheet and find if any new evidence is found against you.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

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