498a,307,506,Section 3 and 4 of DPA
Iam NRI. Me and my siblings booked under false private complaint of 307,498a and 3&4 of DPA by my exwife. MY passport was seized and I was arrested based on LOC.she took ex-parte divorce on same complaint. My siblings got quash in highcourt. In most of the false allegations made in the complaint me and my siblings are jointly involved. now i am pursuing for quash in Highcourt. i am arguing on my own as party-in- person as i have no money and job.The Investigation officer filed chargesheet just appending 161 statements repeating same allegations of the complaint word to word. Further IO not mentioned about crime, just esacaped by appending 161 statements and saying there is prima facie. The another thing is charge sheet is filed after more than a year after complaint. Though first Investigation officer completed investigation of 10 witnesses long back he has not filed charge sheet. later he got transfer and second IO filed charge sheet without mentioning his comments but just saying prima facie hence charge. So the elited advocates please guide to to argue this case- (1) most of the 161statments are hearsay (2) Even witnesses condemned that we made attempt to murder(s307) (3) No scene of offence happened, but to implicate me and my siblings she filed false private case in another town other than her native place with political influence and bribing police So please guide me to argue to get quash in High court
Asked 5 years ago in Criminal Law
Religion: Hindu
I filed writ petition for release of passport and criminal petition for quash of crminal case. The main prayer in writ petition is release of passport. Shall I ask the prayer in writ petition while arguing the case to quash criminal proceeding also based on merits as It is a private case, the Magistrate has not followed correct procedure
Asked 5 years ago
i obtained bail. Which is better option whether to argue writ petition for release of passport or criminal petition for quash of proceedings? Shall I pray for quash of proceeding also in the writ petition while arguing for release of passport as the Magistrate has not followed private complaint procedure and referred to the police and they filed chargesheet and consequntly I was arrested and passport seized.
Asked 5 years ago
what arguments I can putup during High court quash while arguing on false hearsay 161 statements.
Of 10 witnesses 7 are close relatives and friends of my ex-wife and her parents. One IO recorded 10 witnesses false 161 statements though no scene of offence of IPC 307 happened by creating false address in another town.
After a year as no one from my side offered bribes to police and not offered money settlement to my father-in-law,another IO filed chargesheet saying a just word that primafacie exist by appending 161 statements. Police filed false case in collusion with my father-in-law.
Asked 5 years ago