• False criminal case against 2 girls and 2 ladies for questioning against illegsl construction

Hi All..

I would like to get a solution for which we ate completely stressedout. As i had already narated the issues in other query. There was a illegal structure building constructed without any planning and approval... which is constructed out of the property area for which my parents and neighbours questioned and complained to respective bbmp area engineer but there is no action till now jus a notice issued and the construction is still going on. As me and my neigbours daughter took all possible action raised complaining local authorities and police complain nothing worked out as the lady have given bride everywhere to all. As me and my neighbour daughter are working jus to ruin our career the lady has given a false complaint with fakse wittness... due to this we are still not married and getting a passport is not possible and we cannot change our company as baground verification would be affected and nor get a abroad opportunity . We have appointed the lawyer chargesheet has been file. And the next hearing s november. Please give me a solution to all 4 ladies to cme out of the false FIR. The lady who has constructed illegal has lots of illegsl incomes coming in from chits and rent which is not payed in form of tax. Please provide me a solution thank you
Asked 4 years ago in Criminal Law
Religion: Hindu

3 answers received in 2 hours.

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10 Answers

Dear

You have to file civil suit against the lady and BBMP for illegal construction and not taking any action on that lady for illegal construction reason best known to them. 

But if you want you name to be cleared you should go for compromise with that lady and make her witness hostile so that it help you get out of the situation.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You must file writ petition in High Court make BBMP as respondent party and seek a direction under section 321 of the Karnataka  Municipal Corporation Act to demolish the building. As far as the FIR against you is concerned  you must file a discharge application in trial court or 482 Of crpc in High to quash the FIR.

Jamal Sait
Advocate, Bangalore
168 Answers
2 Consultations

4.9 on 5.0

See if charges geet is filed and there is no as such evidence against you or other accused a discharge before the trial court can be filed.

Further for her black.money a complaint before jurisdictional income tax commissioner can be filed.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) file complaint with director income tax regarding suppression of income by neighbour 

 

2) mention that she has income from chit funds , rentals which are not declared in her tax returns 

 

3) you can file application for discharge in criminal cases where charge sheet has been filed 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

you need to file Writ before the High Court. In the High Court you need to show that your fundamental rights has been infringed due to the irresponsible and negligent act of the Municipal Authority. 

Further an Advocate's notice preferable from a High Court practitioner will be more effective to raise a cause of action in your case.

Under section 482 Cr PC you can Quash the fir if there is sufficient material in support of you. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Under what sections, FIR filed. Against female, false fIR does not success. 

Against illegal construction, file injunction suit. File anonymous complaint in income tax dept.

What are the content of FIR ? File discharge application in court.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Dear Madam,

You have to either file discharge application before the Trial Court or file 482 CRPC application before High Court to quash the charge sheet.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

If it's a false FIR and without merits you can try to quash the same in high court

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been targeted for easing your voice.
  2. I would advice you to first file a Writ in Hon’ble HC of Mandamus in nature after making authority as party along with that lady.
  3. And seek immediate demolition of the illegal construction.
  4. Once you get some action then you can take the same as ground of their false complaints at the time of argument on charge in November as charge sheet has been filed and get discharge from the case.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

As far as the criminal cases are concerned you may have to either face the trial and challenge the false case on merits and supporting documentary evidences in your side.

As far as the illegal constructions is concerned you may file an injunction suit to restrain the owner from progressing with the construction if the same has affected your life or your property.

 

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

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