You have good case on merits
draw attention of court to fact that uncle was drunkard ,constantly abused his family ,that accused were not at time at the place where he alleged he was beaten
Falsely accused in a suicide note
My mausa committed suicide. He accused my mother ,my maasi ,naani and maama of harrassement and beating .infact he haraased everybody and constantly abused his wife . Few days before the incident he had tried to burn his house and recorded videos of him trying to commit suicide . A complaint was filed and we have copies of it . He himself agreed in raazinaama that he was drunk and fought with his family and asked for forgiveness from his wife . And the place and time he says he was beaten , my mother and maama were not even present there . Megistrate ordered judcial custody for 14 days of the accused . Do we have enough grounds for bail.
Asked 9 months ago in Criminal Law
Religion: Sikh
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15 Answers
Should we consider challenging the fir since we have all the proofs . And how long does it take when we challenge a fir
Asked 9 months ago
Hi, First take regular bail and then you can file a Petition before the Hon'ble High Court for quashing the FIR.
You can file petition in HC for quashing of FIR
2) quashing is to be done only in exceptional circumstances
3) local lawyer can guide you as to time taken for quashing of FIR
For challenging FIR it is necessary that in the lights of contents of FIR no case should be made. The proofs as stated by you should not be considered at the time of considering question of quashing of FIR. Court will consider only FIR snd chargesheet or police report. Accused seem to have grounds for bail as you are already in JC and not required for investigation.
Since there has been a prior incident it gives rise to a continued course of conduct, creating such circumstances for abetment.
For bail consideration, we need to go through the videos, complaint, suicide note, FIR, Raazinama, chargesheet, etc. to render complete advice.
Prima facie the case doesn't look like a fit case for quashing of FIR, however , subject to the contents of the documents.
Bail is a rule, jail is an exception" is a legal principle that ensures that a person who is not guilty should not be detained.
There were several instances when the court has not considered the suicide note as valid proof but on the contrary, we need to prove substantially that the suicide note was written with wrong intent.
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Yes, it seems that you do have grounds for bail. The fact that your mausa had a history of violence and abuse, and that he had tried to commit suicide in the past, suggests that he was not in a sound state of mind when he made the accusations against your family. The fact that he himself admitted in the raazinaama that he was drunk and fought with his family also supports your case. Additionally, the fact that your mother and maama were not even present at the place and time he says he was beaten further undermines his credibility.
Surprise that bail got rejected. Apply bail to High court and FIR quash.
The grounds for seeking bail should be supported with documentary evidences especially for stating that your mother and maama were not present in that location.
You can apply for bail before high court if the lower court dismisses the bail application
It is not challenging FIR.
you have to challenge the case itself during the trial proceedings.
The time taken for disposal of the case cannot be predicted owing to various factors involve in it
- As per the Madras High Court , merely because a person, who has committed suicide, has left a suicide note, one cannot immediately jump to a conclusion that it is enough to mulct the accused with criminal liability under Section 306 IPC,, and one has to analyze and examine the contents of the suicide note to find out whether it contains any incriminating information in the nature of instigation, provocation, forcing the victim to commit suicide.
- Further, the Punjab and Haryana High Court also held that merely a person’s name in the suicide note is not enough to conclude that the individual is guilty of abetment of suicide while quashing a 2011 FIR against four lawyers and two employees of a private company
- Since, a complaint was earlier filed against your said mausa for his act of drunk and tried to commit suicide or threatening to suicide , then it is clear that he was not having good relation with other family members, and hence there is much ground for getting bail and to quash the FIR.
1. You shall have to face this problem since the man has died.
2. You shall have to constantly approach the Court for their bails and thereafter contest the accusation fittingly.
3. Please note that dying declaration is generally considered as very important in such cases.
1. You should file a petition u/s482 of Cr.P.C. before the High Court praying for quashing the FIR based on the evidence you already have.
2. The above petition should be filed after the police files Charge Sheets based on the said FIR since most of the High Courts refuse to entertain quash petitions before charge sheet is filed.
Yes you can do the same
In order to challenge a First Information Report (FIR) effectively, it is important that no aspect of the FIR's contents inadvertently supports the case. The provided evidence, as previously mentioned, should not be factored in when evaluating the potential for quashing the FIR. During the consideration of the request to quash, the court's focus will solely remain on the FIR itself, along with the chargesheet or police report. It appears that the accused has valid reasons for seeking bail, especially given their current incarceration status and the absence of any necessity for further investigation.
