Omeone is harassing my family with false case (302,307) .No FIR
Case No 1:
I came to know that this guy has filed a new case on us on 2013 ( my parents,me and my sister) saying IPC 346 stating that we took her son and god knows what we did. Strangely I was in USA from 2010 -2013 (May) and my sister also lives in Singapore. We have a BW issued on us.
We ( me and my sister) has a passport and visa stamped date to enter India which clearly shows that we were not in India.( I was in LA (USA) and my sister in Singapore)
There is no FIR on this as he ha stated that police has refused to file a FIR since that was outside police jurisdiction and when he approached the other police station they also refused saying same thing.
Case No 2 :
I hope that you guys have gone though my previous queries where I had said he has falsely fabricated 302 on us ((My parents & grandparents and few others) stating that we killed his wife and when we made her wife appear, the truth came out.We got bail still that case is not closed thought the trail is over for that case.No FIR nor any medical evidence.Quashing filled in 2013 Patna High Court and it has still not come in list.
Case No 3 :
There is one more case ( fight etc..) on us in session court (My parents & grandparents and few others) for which trial is going on.
Case 2 and 3 we (me and my sister were not there but in Case 1 he pulled us also.
Case 2 and Case 3 are going on for the past 26 years (1985) Case 2--trial over and Case 3 -Trial going on.
Why he is doing this:
His problem was with my grandfather and his brother due to some land issue and he used to blackmail my dad (that he will pull me and my sister into the case) and my dad told me that he stopped giving him money around 2013.. guess that's when the 346 case would have came and he filed a fresh case on us 346 in which only we are there
My question :
1. How should be proceed with the 346 IPC case. Should we decide to go for quashing in High court what all proofs we would need to make this happen. We dint know who is his son..he no more lives in village and nobody to my knowledge knows his whereabouts. We will have our passport stamped date to enter India.. will that hold the proof that we were not present here or do we need to pull any more document from embassy (both US & Singapore) Even if we prof that we were not in India my parents were in India..how to deal with that. My parents had health issue and a CKD kidney stage 3 patient. Also, I heard Patna High court quashing 2013 is in queue..that means we have to appeal as high priority to make a sooner hearing.
2. More importantly how can we stop this and make him pay for for th trauma he has given to my family. Guess my father didn't wanted me into all this because for obvious reason .
3.I understand he has a habit for filing case..did same with others also ..could be since he is traceless ..comes in court and goes somewhere..Since he has two other false case on us can we go for WRIT ? Can we make a basis of my passport entry date and the other 302 case for which the trial is completed to send a message to the judge to act fast on this. WRIT is an option here ? .
Should we get an anticipatory bail first and filled the quash petition. How can we make this a priority hearing for quash petition?
Any help if any of you know a good high court lawyer who is specialist in quash filling to help in getting on priority.
I have a local lawyer who is suggesting to go for WRIT and then for quash
Rite now my worrying is case 1 as me and my sister are involved but also want to make sure he pays for his deeds though right approach.
Asked in Criminal Law from Patna, Bihar
1. The stamp on your passport is sufficient proof of your innocence and the falsity of the case filed against you. It is insurmountable evidence to show the inherent absurdity of the complaint. Your parents, however, may have to face the trial as they were in India, but you have good prospects in quashing.
2. Once you are held not guilty by the court you can launch a criminal prosecution for defamation and also file a lawsuit to claim compensation for malicious prosecution.
3. A writ is a potent remedy which you should not miss, else you may regret later.
4. Without anticipatory bail the quashing is most unlikely to be entertained by the HC. You can apply to the Hon'ble Chief Justice to expedite the hearing.