• Cross case file after a day

Nephew (Mr A)of my father in law entered my father in laws shop at 10:30 Am and push him and show a knife & tell him that he will locked him in the shop then he fell down Mr A also broken the Laptop in front of the public . His brother entered & try to save his brother but Mr A also injured him. then we file a suit under sec 448,427,324,506 to stop him.police investigate the mater and also took the public witness
 But next day he filed a false case u/s 448,384,511,324,379,34  ( his witness is only his wife) 
the age of the Victim 73 years 
the age of Mr A 31 Years.

please suggest me what will I do now
Asked 1 year ago in Criminal Law from Nagaon, Assam
Religion: Hindu
1. This is a cross case and both the case filed by your father in law and his attackers will rum simultaneously.
2. Since A has also registered a FIR against your father in law he will have to get bail forst. Ask him to apply for anticipatory bail which in the present situation should be obtained easily.
3. Thereafter he will have to face trial and come out acquitted.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Hi
Depending on the charge sheet and witnesses case will be decided after trial. However your father-in-law the real victim is caught up in the counter case filed by his nephew.
technically you have an option to move a petition in the high court, for quashing the FIR lodged against him by his nephew, on the base of the incidents and facts as can be considered as under:-.
Your father in law was attacked
He had file FIR  FIR first and also had loss of things.
He is a senior citizen and Uncle of  MR.A.
In retaliation the second FIR was lodged by nephew.
you also see what is the status of the case , if both parties come together an settle it and the I.O can file areport accordingly and end it. From your query the status of the case is not clear 

Since the sections in both FIR are non compoundable even if the settlement takes place , the case cannot be withdrawn. However the witnesses can be mad hostile in the trial, if the parties decide to settle the matter.
 If FIR has filed against the father in law,  let him apply for anticipatory bail .If in case the bail has been granted, he should move ahead with the quash petition. 
The quash petition can-be also filed dafter the charge sheet filed by the police.


Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
That appears to be PS bail. Ask him to obtain court first. once it is done he can rest assured against police action.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Your father in law and others of your side have to first get enlarged on bail before the charge sheet is filed.  
Challenge the case on merits and fight it out with the help of a prudent lawyer.  
Quashing of the counter case will be of o use because the high court generally do not entertain such cases. 
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
1. If the cross case has been filed then the accused should firstly seek bail to avoid being arrested. Thereafter they can move the HC for quashing of the case as it is false.

2. Both the cases will be decided separately by the courts. 
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
1. Certainly the complaint filed against your father in law will be considered as a retaliatory complaint by the Court,

2. Your father in law shall have to contest the cases filed against him fittingly by submitting evidence that he was in his shop or somewhere else at that time when the alleged offence  has purportedly been committed by him,

3. He also shall have to follow up with police in connection with the complaint lodged byt him against his nephew,

4. Engage a criminal lawyer having expertise in this field.   
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. You shall have to do two things together,

2. One is to defend your father in law in the case filed against him and the other is to pursue with the police in connection with the complaint lodged by him,

3. Act as advised in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0