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false accuse IPC 376 by my in law and brother due to property dispute
25-Apr-2023 (In Criminal Law)
My brother and his wife are not staying with us since 2014. Due to property dispute they want to take revenge on me.They visited us for 3 days when my father demised and filed of FIR through Magistrate judge after police refused to file FIR of rape . Please guide me in some questions.
(1) After order in 156(3) , Will police immedialtly arrest me or it will first investigate the case , ask me and pleader proofs and file chargesheet and then FIR will be made.
(2) In case police makes a FIR , Can I quash FIR by hounrable High court .I live in UP state.What are the chances of quashing of FIR ,My proof for not guilty are
(a) Case is clearly intended to extract money (b) I can arrange for audio calls recordings between me and my brother about he askig me money (c) Date of incident mentioned in case are of 15 days later of my father demise whereas they both left on 4th day , there are many relatives present when they left which can witness this.
(3) Can I make Anti FIR
Please help.
Your brother and his wife are not staying with you all since 2014. Due to property disputes property dispute they want to take revenge they visited you for 3 days when your father demised and and find of FIR to magistrate just after police refuse to to file FIR of rape
for that we need to discuss your please first
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Adv. Vivek Mishra
Allahabad | 900+ Answers
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Sir.. You can file an appeal against the Order of Section 156(3) or you can go to High Court under Section 482 Crpc for quashing of complaint.. Suppose FIR is lodged then you can also go to High Court for quashing..
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Hello, I have seen your query carefully and found that your brother and sister in law has filed a false case of rape for money through 156 (3) Cr.P C. in this regard it is better to file an anticipatory bail application before the concerned district judge court. if your bail application reject by the District and Session Judge Court then you can file a another anticipatory bail application before high court. After obtaining the anticipatory bail you can approach to the investigating officer of police and furnish all the documents / evidence you have . if you want any further information or any other advice then contact me without any hesitation through administrator of this website
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Adv. Rajeev Srivastava
Ghaziabad | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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