• Section 107 116 CrPC

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
Asked 6 years ago in Criminal Law
Religion: Hindu

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19 Answers

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Challenge can in High Court. Was you appeared and heard by court or order just passed without giving opportunity to represent the case.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can challenge the same before appellate court and set aside the said order.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Than it will get quahsed by HC.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If you want to quash, approach High Court

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

File petition for quashing in HC as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Contact local lawyer and file Quash petition. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Then it will be set aside as you have right to be heard.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

File a writ petition in high court and file reply in the application filed before the SDM.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

  1. As per the information mentioned in the present query, makes it clear that the order has arbitrarily been passed against you.
  2. I would advice you to please challenge the same before the appellate court of law as otherwise this would restrain you for one year from doing something which may be right for you or you were not intentionally doing it (as it is not mentioned as to why it has been issued against you).
  3. Not giving a chance to someone to represent his plea, it against the rule of “audi altrem partem”, meaning but justified in law and against the rule of natural justice.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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