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Legal remedy against false blame of changing death certificate


23-Feb-2023 (In Criminal Law)
My son who is working in gram panchayat blamed that death certificate scanned by him. Police is searching him (IPC 420,467,468,470 )while he has not done so. Death certificate issued by formal Secretary .anticipetary bail dismissed by H.C.then what should be done.
Answers (4)

Answer #1
659 votes
Police is searching him, means he is absconding!

You cannot keep him out of reach of Law forever. You cannot save him from the trial of the offences alleged.

If he has not scanned death certificate, then why he should worry. He should face the trial and prove the charges wrong.

If anticipatory bail has been rejected, but still there are chances that he may get regular bail. For that, he should also support due process of law.

He has done nothing wrong, does not mean he doesn't need to face trial for the offences alleged.

Escaping from the due process of law may negatively impact the trial.

My advice is that, your son should surrender and face the trial.
Answer #2
759 votes
Hello Sir,

I didn't understand much from the query made by you. What I have understood is there is some kind of tampering done with the Death Certificate for which your son have been falsely accused. You tried for a bail which got dismissed. I would suggest you to apply for a bail through Supreme Court by filing an Special Leave Petition against the High Courts order in which I can help you out if you provide me the proper details of the case.
Answer #3
640 votes
some sections of this matter are not compoundable while some are.
what you can do is :-
-move regular bail in the court of magistrate of first class
-if the bail is rejected then you can further go for an appeal in the High Court
-you can also under section 482 move for quashing of FIR but its not a easy task.
Answer #4
532 votes
You can move an anticipatory bail in the Supreme Court or else you can surrender before the trial court and thereafter can move a regular bail application under Section 439 before the trial court itself. If the trial court dismisses your application, you can then move to the High Court again.

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