Advocate Chaudhary Dheeraj Kumar

Questions Answered by Advocate Chaudhary Dheeraj Kumar

Q: Someone filed false 307 case how to quash the FIR

we are facing false 307,308,506,323,504 cases we have enough evidence to proof innocent, place where my opponent narrate the whole script of incident none of saying there is anything happened that night, has been already we are submitted affidavits of 5 persons to the Dm, where they are saying about the incident happened. none of anyone saying about the incident around that area beacuse nothing is happened,no sound of firing (as opponent said in FIR mere upar hamla hua pahle firing goli nhai lagi fir hocky aur dando se mara mai shor machate hue,guhar lagate hue vaha se bhaga but vaha k aas pas k logo ko rat 10 baje ki bat bta rahe hai us time ass pass k jo log hai vo kah rahe agar koi bat hoti to jarur awaj hoti) our SHO have good reltionship with my opposition, that why everything get easy what they are saying SHO blindly agreed with him, they don't listen us, so please help us to quashing FIR and for the time being we need arrest stay beacuse police doing raid at home

Advocate Chaudhary Dheeraj Kumar answered
You have following remedies/options The section 307,308,323,504,506ipc is a congnizable offence 1.If you have enough material/ Evidence to proof that the case is false,you may approach the court of session for anticipatory bail but anticipatory bail is not allow in U.P. 2.if anticipatory bail is not your option then you have to move the high court and file an application for F.i.r quash under section 482 crpc. 3.if you fail there too then you can file an application in the high court under section 482 crpc for arresting stay till charge sheet submit the court. 4.if you fail there too then,you can file an application in the high court under section 482 crpc for same day order and you apply for bail Lower court and session court in same day. 5.if you fail there too then arrest if imminent. 6.if before arrest the police also find that the case is false they may defer the arrest till they come to find conclusion they may seek your say which if confirm their suspicion of the case being false they may not arrest you but close the case as false. Such notice is to be issued in all cases where maximum punishment is up to 7 years. As per new sub section added to section 41 crpc the new section 41 (a) crpc mandates that a notice must be issued to the person concerned for the crime before arrest to file his say in the case. This is the best opportunity to place your material that would establish your innocence or the case against is false. Though the offence is non bailable bail is not difficult immediately after arrest. You can then produce all the material/Evidence that would infuse confidence for the police to realize that you are innocent and the case is false. The police may discharge you from the case under section 169 of crpc and close the case as B classification as false with or without Prosecution of the complainant. Please send me F.i.r copy my personal email/what's app.

Q: Wife left the house and filed a false 498A case what to do

Hello my wife left me 3 months back. her mother took her to her place. she filed false 498a on me and my parents. also filed false 354 on my younger brother who was living with me in noida. We have returned all her streedhan via city thana in ajmer. what should we do now?

Advocate Chaudhary Dheeraj Kumar answered
You have following remedies/options The section 498a,354 ipc is cognizance offence 1.If you have enough material/ Evidence to show that the case is false, you may approach the court for anticipatory bail. But anticipatory bail is not allow in U.P.2.If anticipatory bail is not your option, then you have to move the high court under section 482 crpc for arresting stay and quashing case. 3.if you fail there too,then arrest if imminent. 4.if before arrest the police also find that the case is false they may defer the arrest till they come to find conclusion. They may seek your say which if confirm their suspicion of the case being false,they may not arrest your brother but close the case as false. Such notice is to be issued in all cases where maximum punishment is up to 7 years. In the present case section 354ipc carries maximum punishment up to 5 years. As per new sub section added to section 41 crpc the new section 41 (a)crpc mandates that a notice must be issued to the person concerned for the crime before arrest to file his say in the case. This is the best opportunity to place your material/ Evidence that would establish your innocence or the case against is false. Though the offence is non bailable bail is not difficult immediately after arrest. You can then produce all the material/ Evidence that would infuse confidence for the police to realize that you are innocent and the case is false. The police may discharge you from the case under section 169 of crpc and close the case as B classification as false with or without Prosecution of the complainant. 5.and last suggestions for you that you can file a case against your wife section 9 Hindu law in family court.