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False 376 in counter of Sisters 498A/318
27-Oct-2023 (In Criminal Law)
My sister lodged an FIR against her husbands family for torture and force full abortion (against her uncle-in-law) under section 498a/318/325/307/511/506/34 of ipc and DP act dated 30/7/18. investigation undergoing.
In counter of the above FIR, her aunt-in-law (wife of the prime accused) lodged a False and Malicious FIR against my whole family under section 143/447/448/323/376/511 of IPC dated 11/8/18, saying at the afternoon of the date 8/8/18 my all 8 family member bitten her and on the same day at night 12 o clock I attempted to Rape her when there was only her father-in-law in the house(presented as witness by her ). Her medical examination found some scratch mark on her solder( she herself done). police didn't initiated the investigation against me ( didn't get the 41a notice) also not recorded statement under crpc 164.
NOW
1)How to get rid of this false allegation?
2)How much I have to suffer more I am on bail
Dear Client,
As per the details provided by you my suggestions would be that first of all a section 41 A notice is not given to the accused in which the sections imposed are of Session trial case such as under section 307/376/302 and etc. So you are not entitle to get 41 A notice by the police and it makes no sense now as you have got the bail.
That if you think the case against you is malicious case and does not have any merit liable to be dismiss then you can file a petition before the honourable High Court for quashing of the same case and if the complainant has not given her statements before the Magistrate under section 164 then the case is absolutely liable to be dismissed.
As per the details provided by you my suggestions would be that first of all a section 41 A notice is not given to the accused in which the sections imposed are of Session trial case such as under section 307/376/302 and etc. So you are not entitle to get 41 A notice by the police and it makes no sense now as you have got the bail.
That if you think the case against you is malicious case and does not have any merit liable to be dismiss then you can file a petition before the honourable High Court for quashing of the same case and if the complainant has not given her statements before the Magistrate under section 164 then the case is absolutely liable to be dismissed.
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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