Fake case filed against me now the complainant absconding what to do

662 votes

you can change advocate by obtaining no objection from your advocate and appoint new advocate and you can file discharge as if there is any ground or ailibi if there is no proving of 376 by concerning seeing the fsl report and medical report where some vitals to be proved intially and then only your discharge is maintainable and first you obtain all copies and change advocate then only you can get justice

Advocate Innamuri Balasubramanyam LawRato

820 votes

Firstly, file a petition under Section 482 of Cr.P.C in High Court to quash the charges. If the charges are false, misconceived and impugned then you have bright chance of charges might get quashed but you need strong ground beyond reasonable doubt to prove your innocence. If High Court denies your quash petition, then

Secondly, make a prayer to HC for speedy trial to direct the session court to dispose the matter within 6 months from the day of the order. Right to speedy trial and Right to speedy justice are guaranteed by Article 21 – A fundamental right.

Lastly, the said right is not one way. The Madras High Court, Hon’ble Justice P. Devadas stated recently that “Equally, the victim is also entitled to have similar right. The victim, de facto complainant is entitled to know the result of the case given by him. So also, the dejure complainant/police/prosecution. The quick disposal of a Criminal case has the twin benefit of a guilty being punished or appropriately dealt quickly and an innocent is freed quickly.” In Crl.O.P.No.6494/2016.

Good luck.

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Advocate Sameer Hussain LawRato

719 votes

HI
if your advocate is not cooperating with me, you should get a no objection certificate from your lawyer and change your lawyer.
if you want to complain against your lawyer, you can complain against your lawyer for professional misconduct at Bar council of india

Advocate Rajagopalan LawRato