• What to do in case of false charges filed under IPC?

False charges filed under Section IPC 323/427/341/506/34 by a hawker and their immediate family members for harassing us so that we do not make repeated complaints to MCD to remove them from the front of our shop. 

The report from the IO itself states that no witnesses were found for the allegations and the family members (husband, daughter, sons) are themselves the witnesses as well as the victims and also the MLC of both accused(my tenant) and the victims as they both were hurt. 

There is a tree whose branches were trimmed by my tenant as I told him to, as they were coming in front of my shop board. After he did so this hawker and family pounced on him and beat him up , he too gave a few punches back, me and my brother and a few by standers came to stop the fighting, police was called and the hawker and my tenant got their MLCs done, end of the day razinama was signed by all the parties, it was done. 

In the meanwhile the  MCD had completely removed their encroachments after multiple complaints from the members of the locality including us, which they got overturned from some supreme court hawker committee.

After some days we came to know they have filed cases on all of us, in the complaint they have made many false allegations against me and others such as criminal intimidation (threatening to throw acid on them) , destroying property ( flowers and pots) , causing hurt, wrongfully restraining them for the same day they had a fight with my tenant.

Questions:

1) Do I need to hire some big lawyer in such a case which is obviously false? 

2) Can the court simply go through the documents and dismiss the case without a need for a lawyer just hearing the case from the accused and the victims?

3) I talked to a lawyer and she is asking for Ninety Thousand for the entire case, which to me seems pretty straight forward! Is this amount fair?

4) What can be counter measure in such a case where ladies are involved (hawker , her daughter, her daughter in law) from this turning later on as they can file any kinds of cases?

5) If this is proved a false case what measure can be taken to punish them for putting in false cases?
Asked 1 year ago in Criminal Law from New Delhi, Delhi
Religion: Hindu
1) It is always better to engage a prudent and experienced lawyer to deal with such issues instead of handling the matter as party in person.
2)  The court cannot take decision as per your fancies and whims. The court will conduct trial, hear both the parties and will decide the case only on merits.
3) If that lawyer 's fee found to be exorbitant, you may discard her and choose another lawyer who will be ready to handle the case at lower and reasonable fee suiting your pocket. 
4) First take Anticipatory bail and then challenge the case wen it comes for trial on the basis of merits on your side. 
5) First prove it to be a false case and then think of filing a defamatory case against he defacto complainant or against police. 
T Kalaiselvan
Advocate, Vellore
13907 Answers
127 Consultations
5.0 on 5.0
My opinion on your queries are as under:

1) Do I need to hire some big lawyer in such a case which is obviously false? 
Opinion: Its depend on you that you are comfort with the big lawyer or not, as per my opinion you have to contact a lawyer in district court and fight the case on merit.

2) Can the court simply go through the documents and dismiss the case without a need for a lawyer just hearing the case from the accused and the victims?
Opinion: Its depend on the case, it is complaint case or State case? what is the stage of the case?

3) I talked to a lawyer and she is asking for Ninety Thousand for the entire case, which to me seems pretty straight forward! Is this amount fair?
Opinion: Its depend on your capacity, the fees may be 50,000/- and fee may be 5 lac, if you are satisfied with her fee then it is ok otherwise contact some other.

4) What can be counter measure in such a case where ladies are involved (hawker , her daughter, her daughter in law) from this turning later on as they can file any kinds of cases?
Opinion: try to settle the matter amicably with them with the help of the lawyer, mediator and other society members, it will be better.


5) If this is proved a false case what measure can be taken to punish them for putting in false cases?
Opinion: You may file a criminal defamation case against them u/s 499/500 of IPC.
you may file a criminal complaint u/s 182 of IPC against them before court for malicious prosecution.
you may also file a civil defamation against them before civil court and claim compensation as per your status.

you may contact personally or over the phone after pay the consultation which is very nominal
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
1. A case which appears to be false has to be proven as false. So engage a lawyer for your defence.

2. No the court cannot outright dismiss the case. 

3. You must understand that lawyers are free to charge any fee they desire. For the same case the fee of different lawyers may be different. So there is nothing such as 'fair fee' when it comes to lawyers. 

4. The counter measure can be a protection order issued by the court.

5. If the case is proved as false you may prosecute them for defamation and also filing false charges against you.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0

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