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False case of under Section U/S 376 AND 354 for extorting money


12-May-2023 (In Criminal Law)
I am in the field of making Documentaries for the last several years. One Girl alleged that i went her office/residence on 24th April and 25th april 2018 and raped her. ( On 24th and 25th april, I was out of Delhi near to Haryana/Punjab Mobile location is showing Haryana and relatives and friends came forward and gave statement Girl is having own company. In brief : We got anticipatory bail, regular bail and police submitted charge sheet under NO Arrest. She had been sending blackmailing, extorting around 160 messages to me in which Court in 156(3) had booked her in extortion case under Section 388, matter is still pending in the court. She has done two same cases on other person also. The same are also there in the court records. She has written on 10th May 2018 that no grudes, accusition against me and have regards for me. The next date in session court is on charge. Pls guide whether the charge will frame by the court or not. Thanks and Regards
Answers (3)

Answer #1
982 votes
hello client hru in present case charges will be framed against you because police have not filled closure report. so charges will be framed byt if you wanti get rid of this case in tht case you should urgently take help of other remedies so ur able to close this case against you as well as get out of the case with full respect and let tht lady face the consequences of filling the false case. let her be face the legal action by the court of law . you been falsly implicated get out of over all false matter.

Answer #2
564 votes
Let me first explain to you the significance of charge stage. When a chargesheet is filed by the police court looks into the report and summons the accused, when the accused appears and takes bail then charge stage comes up. In charge stage the court will go in detail of the evidence that is before it and then frame charges, after the charges are framed the trial technically starts at that moment. During the charge stage of the court feels that there is no evidence against you and proceeding is vexatious and abuse of process of law then the court will discharge you then and there and you will be let off without going into the rigours of trial. Therefore Charge is the most important stage of the entire proceedings in cases of false implication like yours. going by the facts of your case as there is blatant evidence in regard to the girl misusing the process of law to blackmail you and do extortion, going by the query there appears to be phone calls and whatsapp chats wherein it can also be proved before court. Moreover you have mentioned how you were not even in the city at the time of the incident. You should instruct your lawyer to prepare a discharge application under section namaste 227 Crpc, the application should be an encyclopedia of your entire case. If everything goes well you can get discharged and no trial will take place and you will be let off.
Answer #3
868 votes
Dear Sir,
File discharge application under section 227 of Cr.P.C.in detail with relevant decisions. As you explained its good case for discharge. If Sessions Court fails to pass discharge order, then High Court may do so. Normally Lawyers advise to face trial and get acquittal but you may choose to file discharge application and take it to High Court inview of material available in chargesheet.

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