Fake cases filed against me
My brother has filed 3 fake case to create pressure on me .
There is a dispute of property between me and my brother. He has made a fake deed of my father and registered it after his death. I filed a civil case against him. Then he filed 3 fake case against me for (Abusing,Assault).One was FIR and 2 was under 156. After one year one case have been closed by Final report . Judge has accepted this FR.
But two more fake cases of 156 are just on process . I'm government servant and has fed up with these unwanted fake cases .They can again file a case against me .
Please help me what should i do now ?
Can I move to High-Court for relief ?
Asked 3 years ago in Criminal Law from kanpur, Uttar Pradesh
1. Since cases re filed you have only 2 options-either to buy peace with him of course on payment of price or fight those cases on merit.
2. If you have taken bail then you should not worry about those cases. Moreover since civil litigation is pending the criminal cases are unlikely to meet with success.
3. Yes, going for quashing in high court is good option but wait till sunmission of charge sheet.
1. The civil case filed by you will proceed on merits.
2. In so far as the cases filed against you are concerned, you can prove your innocence in the lower court itself.
3. No court can stop your brother from filing any further case against you.
you should defamation case against him on the basis of FR. after filing of FR it appears that he had no ground to prosecute you so have ground to prosecute him under section 500 IPC. defamation is the complaint case. club all pending cases in the complaint. don't file any cross case it may cause negative inference against you. go with legal procedure and defuse all attacks.
Section 156(3) is an order for investigation, if court finds that there is reasonable or prima facie case against any person then court can order to the police to register a case and initiate investigation. it is an interlocutory order so you can't appeal/revision against it. let the police to investigate.
no need to worry, wait and watch till then the court issue and direction or pass any order for registering the FIR against you, it may be possible that the court may dismissed his complaints.
there is no need to move before HC at this stage.
if you want to contact me over the phone and get further detail consultation then you can get my detail from admin and after deposit the consultation fee you can get my opinion or further assistance over the phone too.
the fee is very reasonable
Advocate, New Delhi
The civil case filed by you will proceed in a parallel manner. If one FIR is close and a similar case is registered again, then the ill intention and the falsity of the cases filed can be shown by referring to the earlier case and mentioning the circumstances that these are fake cases filed because of the civil dispute on property between you and your brother.
Do not move high court, wait until the challan is presented or the court frames charges against you.
1. How can your brother register the deed executed by your father after the demise of your father? Your brother is required to be present before the Registrar to register the bsaid deed,
2. You can file a case against your brother for his filing false cases against you,
3. You can also file a quash petition u/s482 before the High Court.