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My 70 Yrs Old Uncle Been Wrongly Accused For Sec 352. What To Do?
21-Jan-2023 (In Criminal Law)
My 70 Yrs Uncle Been Wrongly Accused For Section 352 As Revenge From Developer. There is parrelel case on developer going on since last 4 years that around 150 members have filed. My uncle is one out of those 150 members. The builder is facing charges under section 420 and he is very defensive and filing random case against my uncle.
Hi,
In this instance, you should immediately file an application before Court and seek bail. The offence under Section 352 IPC is bailable and non-cognizable. Although there is not an immediate apprehension of arrest. You should inform the Court that as a counter-blast, the builder is attempting to malign the reputation of your uncle and harassing him through filing false and frivolous cases.
Once the same has been brought on record and there is no merit found in the complaint of the accused. The Judge shall dismiss the matter.
In this instance, you should immediately file an application before Court and seek bail. The offence under Section 352 IPC is bailable and non-cognizable. Although there is not an immediate apprehension of arrest. You should inform the Court that as a counter-blast, the builder is attempting to malign the reputation of your uncle and harassing him through filing false and frivolous cases.
Once the same has been brought on record and there is no merit found in the complaint of the accused. The Judge shall dismiss the matter.
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Adv. Anuj Nair
Delhi | 200+ Answers
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Sir,
This case can be easily contested before the Hon'ble Court by showing the conduct of the complainant and also by showing other factors for eg. the age of the accused making it improbable for filing of a case under section 352 IPC. The court can be easily led to the finding that this case is only a counterblast to the case filed by your uncle against the developer qnd that this litigation is prompted out of ill motives.
Hope this helps.
Thanks and Regards
This case can be easily contested before the Hon'ble Court by showing the conduct of the complainant and also by showing other factors for eg. the age of the accused making it improbable for filing of a case under section 352 IPC. The court can be easily led to the finding that this case is only a counterblast to the case filed by your uncle against the developer qnd that this litigation is prompted out of ill motives.
Hope this helps.
Thanks and Regards
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Adv. Shobhit Bhatia
Delhi | 100+ Answers
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