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u/s 41 crpc police called for investigation false case how to quash it


23-May-2023 (In Criminal Law)
Hi, I filed a 498a case and a 125 case against my husband and his family, in 125 case for maintenance he is not giving money so Hon'ble court has issued an execution to seize the things from my husband house, police called me to go with them for seize and then his parents said he is not living there and police enters in house and I was outside of the house, police later came after one hour and said he is not living here so we can't seize anything, I shouted on police and left, after few days police send a summon copy u/s 41 a crpc that me and my family members theft from my husband house , and given charges 447/448/427/379/380/34/506 IPC, I didn't visit police station yet, What should I do now ? It's a false case how to quash it ? And police has taken money from them so they are harassing us, and in 125 case arrest warrant released by Hon'ble court against my husband but the same police is unable to find him..
Answers (5)

Answer #1
588 votes
You must immediately visit police station with your lawyer and make an attendence for 41 A notice served upon you and tell the police the real story. Even you can take action against police for not acting legally. Detailed discussion is necessary.

Answer #2
569 votes
Madam, since you have been falsely implicated in a criminal case, you have to file a petition before the Honble High Court at Calcutta immediately, if possible in vacation bench, and apart from quashing the proceedings, you need to take anticipatory bail. Please contact for more details.
Answer #3
628 votes
You can file a writ against those police personnel or you can file a complaint case in district court . Against them . The process of filling those can be informed to you by any lawyer like me. It is nothing to worry so , just do as I say meet any eligible lawyer who can handle it.
Answer #4
935 votes
Hi,
Please comply section 41A notice given by the police authorities and take an anticipatory bail from the concerned jurisdictional court. After that you can quesh the FIR. After freaming of charge please defend the in trial and more of that you can file a writ petition for inaction of police before the Hon'ble High Court and/or file revision for section 125 before Hon'ble High Court. Then you can prove your case.
Thank you and good luck.
Answer #5
514 votes
When police has given notice to you u/s 41 crpc then you have to comply this notice attending before I O of the case and after completing the notice you have to face trial court praying bail and that after if the case is court complain then anytime you may go before LD high court for quashing in other hand if complain is made before police directly then you have wait till charge sheet is submitted

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