File a petition before the high court to quash the proceedings under 116/107 crpc launched by executive magistrate that is SDM on false complaint. The high court shall pass necessary order.
I alongwith my family have been falsely charged under 107 and 116 crpc by SDM neemrana, Rajasthan.( hometown) whereas i resides at rewari( haryana) I want to challenge this strongly. Kindly advise
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File a petition before the high court to quash the proceedings under 116/107 crpc launched by executive magistrate that is SDM on false complaint. The high court shall pass necessary order.
these are (107/116 CrPC) only preventive proceedings and do not result in any conviction,
however, to quash the same you can move to HIGH COURT stating the facts
Section 116(6) CrPC wherein it is provided that the enquiry under Section 111 CrPC shall be completed within a period of six months from the date of its commencement and if it is not so completed, the proceedings, on expiry of period shall stand terminated unless the period of enquiry is extended by the Magistrate concerned by recording special reasons for doing so.
2) you can file petition in HC for quashing proceedings under section 107/ 116 cr pc
The said action can be challenged in High court under writ jurisdiction. In some cases, depending on the facts and circumstances, you may approach SP/SSP of your area to report the matter correctly to SDM and get the cases quashed. It is also submitted that the action under Cr PC section 107/116 continues for six months only.
File a petition u/s 482 in the High Court for quashing the proceeding against u on the ground of being false and vague. After the High Court quash the proceeding being false and fabricated, you can file a complaint case before the magistrate or file FIR before police u/s 182 and 211 of IPC against the person who have filed false case against you and punish him as per the provision.
Challenge can in High Court. Was you appeared and heard by court or order just passed without giving opportunity to represent the case.
I just came to know about it 2 days before. Order just passed without giving opportunity to represent the case
1. Is it a mere show cause notice or have you been actually bound down?
2. If it is a mere show cause notice then it cannot be challenged, but if you have been bound down then the order can be challenged through a writ petition.
Hi,
You are suggested to first approach the present court of SDM and ask for recall of order and if not done by him, go to high court for challenge of it.
You can challenge the same on merits, please engage the services of an advocate to defend your interests so that you dont stand losing the case.
If you aggrieved by the orders passed by the SDM then you can prefer an appeal before the appellate authority with evidences in your support during appeal hearing.
The sdm may have charged you under these sections as you must have attempted to pay a bribe or any other form of abutment.
A magistrate must have passed the order.
Appeal against the order in the court.
Regards