• False allegations

I am prabhjot singh studying at central universsity of rajasthan, resident of jammu and kashmir. my dad is have a case filed against him by a person from another village because of some dispute of cultivable land. i, after finishing my semester exam , have come home for viccations. the other person had submitted   application against me and others to SSP jammu, for having threat to his life because of us. i and 9 others were summoned by tehsildar today. 

technically, my whole education including schooling and college  has been from boarding school(himachal pradesh) and chandigarh. i harldy come home for 30-40 day in whole year.

so what should i do now,
Asked 6 months ago in Criminal Law from jammu, Jammu and Kashmir
Religion: Sikh
1) you should in your statement mention that you are staying  in boarding school in Hp for your studies

2) that you have come only for vacations for a month . 

3) that you have not met the complainant during your vacations nor threatened him
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
1) before the tehsildar submit a letter that as college has reopened you have to remain present in college for your lectures

2) enclose documents of your admission to college and proof of staying in HP 

3) don't file any counter complaint now 
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
1. He has lodged a complaint before the SSP  for which you were called by the Tehshilder,

2. It appears that he has not filed any criminal case and/or te police has not registered any FIR against you,

3. You should attend the hearing by the Tehshilder and submit all documents in your defense.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. You should try to take leave from your college to attend the hearing. If that is not possible, you should arrange to submit a petition praying for adjournment of the hearing till the next date to enable you to attend the same,

2. You shall have to enclose all relevant documents to establish that it will be damaging for you educationally to leave your college of the next date and attend the hearing,

3. If you are not proved guilty and punished with jail term, there will be no affect on your career,

4. You can certainly file an application u/s 211 of IPC for filing false complaint against you for causing damage to you.

Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

what should i do for next hearing on 13 july, i will be at university that time.so it is impossible for me to be present.
Opinion: engage an advocate and advocate can handle the case in your non presence, no need to worry.

2) should i attach all my documents pertaining to my studies ?
Opinion: you can filed, it will be strong evidence in your favor.

3) will this effect my career ?
Opinion: it may be, may be not because its depend on sections in which the matter had registered.

4) can i file a counter complaint explaining my cause and sueing him for physocoligal disturbance to me and other similar things
Opinion: yes, you can file a civil suit for damages and claim compensation from that person for filing these type of false cases but after finishing the complaint case in which you should be acquitted.
Feel Free to call
Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
4.9 on 5.0
1. Unless the FIR has been registered against you there is nothing you need to do. Till then co-operate in investigation and let them know your defence. Do annex all your academic documents to show that you remain away from your hometown.

2. If the FIR is registered then apply for anticipatory bail forthwith.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
If you have been summoned by the Tahsildar in connection with the false allegations, you may attend the summons, explain your position and non-involvement.
Convince the authority about your status and request for absolving you from the false complaint agaisnt you. 
If necessary you may give a written statement to this effect and you may attach a photo copy of your educations certificates.
You can move an application to the SSP Jammu with an explanation letter explaining your position and non-involvement and seek his intervention to direct the concerned authorities to absolve you from the false cases that has been put against you to spoil your career. 
Dont get into any legal action through an advocate so soon because it may complicate the issue.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
1) what should i do for next hearing on 13 july, i will be at university that time.so it is impossible for me to be present.
2) should i attach all my documents pertaining to my studies ?
3) will this effect my career ?
4) can i file a counter complaint explaining my cause and sueing him for physocoligal disturbance to me and other similar things

All the above questions also have been answered in the previous question/post itself.
However, 
1.  If you are not able to attend the hearing on the stipulated date, you may communicate the information in writing in advance and request for a date of your convenience at a later date. 

2.  You can attach photocopies of your educational documents supporting your views.

3.   You should make sure that this should not affect your career, hence keep aloof.


4.  Dont do that mistake so soon, because it will complicate the issues without finding any solution and it may even affect your career.  Better concentrate on your studies now.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0

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