• How to get acquitted from false criminal case

One of my long relative aged 71 filed a complaint against 5 members of my family including me under crpc 323, 506, 34. He bribed the cops, Doctor and submitted fake medical report of his spine back pain. My parents didn't commited offense on him.
Asked 9 months ago in Criminal Law
Religion: Hindu

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12 Answers

You can file a quashing petition in the High Court , however , subject to the case details.

Gaurav Ahuja
Advocate, Faridabad
63 Answers

Not rated

Hello,

As far as acquittal is concerned its the last stage of a case, when it is decided by the trial in the end, you need to show to court that there are lacunas in case of prosecution by cross - examination of prosecution witnesses, they are deposing something, which is improbable. There are discrepancies in statement of prosecution witnesses. The offence itself not made out police wrongly charge - sheeted you etc.

To get better answers some more information is needed - 

1. Stage of the case.

2. What are allegations on whom?

3. How many injuries are there?

4. Is there any civil dispute earlier?

5. Do you want to get it quashed it from high court or interested in facing the trial?

6. Is there any delay in FIR or MLR?

7. Do you have any plea of alibi etc.?

 

Thanks

 

Jagvir Singh Sorout
Advocate, Hodal, Haryana
11 Answers

Not rated

wait for police to complete investigations and submit charge sheet

 

if there is no evidence apply for discharge before trial court 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

If FIR is filed and you are not arrested then you take anticipatory bail otherwise contest the case filed against you

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

This is a minor offence. Dont worry will happen. You may also apply for quash petition in High Court. 

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

Hi, Normally it is all depending upon the charge sheet filed and evidence. What is the allegation in the Complaint and what are all documents supporting the same will depend upon.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
336 Consultations

4.5 on 5.0

- If there is an FIR , then firstly you should apply for getting anticipatory bail from the session court , if charge sheet has not filed before the court. 

- Further, only after filing the charge sheet , you can get property information about the acquittal in the case. 

- If the charge sheet will not show any evidence against you all , then you can approach the High Court for quashing the FIR . 

Mohammed Shahzad
Advocate, Delhi
13377 Answers
199 Consultations

5.0 on 5.0

Details required to be examined. Case can be argued on framing of charge, quashing of FIR if case is not made out. 

Siddharth Srivastava
Advocate, Delhi
1256 Answers

5.0 on 5.0

If the complaint is false then you can challenge the same on merits and documentary evidences in your side or you can approach high court with a petition to quash the same

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

Dear Client
Consult with an Attorney: The first and most crucial step is to consult with an experienced criminal defense attorney in India who can assess your case, review the evidence, and provide guidance on the best course of action.

Anticipatory Bail: If you believe that you may be arrested in connection with the case, you can apply for anticipatory bail. Your attorney can help you with the bail application process, and if granted, it will protect you from arrest for a specified period.

Prepare a Strong Defense: Work closely with your attorney to build a strong defense. This may include gathering evidence, interviewing witnesses, and developing a strategy to challenge the false charges.

Challenge the Evidence: If you believe that the medical report is fake or that there is evidence of bribery, your attorney can help you challenge this evidence in court. This may involve cross-examining witnesses, including the doctor, and presenting evidence to counter the false allegations.

Invoke Section 482 of CrPC: Section 482 of the Code of Criminal Procedure (CrPC) allows the High Court to exercise its inherent powers to quash criminal proceedings that are frivolous or abusive. If you believe the case against you lacks merit, your attorney can file a petition under this section to seek the quashing of charges.

Maintain Accurate Records: Keep records of all communication related to the case, including correspondence with your attorney, court documents, and any evidence that supports your innocence.

Seek Mediation: In some cases, it may be possible to resolve the matter through mediation or reconciliation. Your attorney can explore this option if it is appropriate for your situation.

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

1. All the sections are bailable.

 

2. Has the police registered FIR bsdon the said complaint?

 

3. If yes, then all the accused shall have to  contest    the case fittingly after availing bail from the police station.

Krishna Kishore Ganguly
Advocate, Kolkata
27227 Answers
726 Consultations

5.0 on 5.0

The sections under which your relative has filed a complaint against you and your family are as follows:


  • Section 323 of the Indian Penal Code (IPC) - Punishment for voluntarily causing hurt. This section deals with cases where a person intentionally causes physical pain or injury to another person. The punishment for this offence can be imprisonment for up to one year, or a fine, or both.

  • Section 506 of the IPC - Punishment for criminal intimidation. This section deals with cases where a person threatens another person with injury to his/her person, reputation, or property, or to the person or reputation of anyone in whom he/she is interested, with the intent to cause alarm or to compel him/her to do or omit something. The punishment for this offence can be imprisonment for up to two years, or a fine, or both.
  • Section 34 of the IPC - Acts done by several persons in furtherance of common intention. This section deals with cases where several persons act together with a common intention to commit an offence. Each of them is liable for that offence as if it was done by him/her alone.

There are various legal remedies available to deal with a false criminal case in India. Some of them are as follows:

  • Anticipatory bail: If you have reason to believe that you may be arrested on a false accusation, you can apply for an anticipatory bail in the Sessions Court or the High Court under Section 438 of the Code of Criminal Procedure (CrPC), 1973 before the arrest is made. This will protect you from being arrested and harassed by the police.
  • Quashing of FIR: If you think that the FIR lodged against you is frivolous, vexatious, or malicious, you can file a petition in the High Court under Section 482 of the CrPC, 1973 for quashing the FIR. The High Court has the inherent power to quash any criminal proceeding if it finds that it is an abuse of the process of law or that it would cause injustice to the accused.
  • Discharge: If after investigation, the police files a charge sheet against you in the court, you can file an application in the court under Section 227 of the CrPC, 1973 for discharge. The court can discharge you if it finds that there is no sufficient ground for proceeding against you.
  • Acquittal: If after trial, the court finds that there is no evidence or insufficient evidence to prove your guilt beyond reasonable doubt, the court can acquit you under Section 232 of the CrPC, 1973. The court can also acquit you if it finds that there are any defects or irregularities in the prosecution case that affect its validity or credibility.
  • Compensation: If after acquittal, you think that you have suffered any loss or injury due to the false accusation, you can file a suit in the civil court for compensation from your accuser. You can also file a complaint in the criminal court under Section 250 of the CrPC, 1973 for compensation from your accuser if he/she has filed a false complaint without any reasonable cause.
  • Prosecution: If after acquittal, you think that your accuser has filed a false case against you with malicious intent or dishonest motive, you can file a complaint in the criminal court against your accuser under various sections of the IPC, such as Section 182 (false information to public servant), Section 193 (false evidence), Section 211 (false charge of offence), Section 499 (defamation), etc.

 

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

5.0 on 5.0

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