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Question regarding to medical report submitted by io in chargesheet?
22-Feb-2023 (In Family Law)
A 498a case if filed against our whole family under various section with 323, 506.
In 323 and 506 sections they mentioned a incident where our whole family thrown her after beating her to her home and also two witnesses saw it. But in reality it was never happened and she wasn't living with us at that point of time.
They somehow managed a medical report with some injuries with the help of a corrupt medical officer and I'm getting the feeling that the police didn't directed any medical examination of her, they got the medical report by themselves.
But the most weird thing is that the medical report which was not even directed to examine without police permission is present in the chargesheet made by investigating officer along with the testimony of two witnesses.
Is it possible that a medical report which is not even present in police records can be handed over by victim party to the police?
Not to worry. All the lacunas and irregularities can be raised during cross examination. Further, if you could prove that the complainant wasn't present at the place where the said incident was alleged to have happened then it would be a good defence. Once you have proven that the complainant has filed false case against the entire family then you all can file case against her.
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Dr. S. Diraviam Dinesh
Chennai | 500+ Answers
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What is the analysis of Section 377?
In section 377 of IPC, consensual sexual relations between people of the same sex are classified as unnatural offences that go against nature's order. The law stipulated a 10-year prison sentence. This provision dates back to Victorian times and has survived into the 21st Century. 16-Jun-2023
What is the process of Section 377?
Unnatural Offences: Anyone who has a carnal relationship with a man, woman, or animal in violation of the natural order is punished by imprisonment for life or imprisonment of any description up to ten year term, as well as liable for fine.
as you are having intutions tht ur oppsite party have mannaged the police and medical officer through bribebor any other route it means you have been falsy implicated as you are saying but for the fact we need to move to court fir through investigation of the over all case to get the things come out ofnthe darkness of injstified investigation whichbis been done till now. in yoir case you have got tye other options also to get out of the current issue and get the things simplified.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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Dear Sir,
Such false cases are many in Matrimonial disputes. The only remedy available to you is to immediately approach High Court to quash such criminal proceedings. The High Court has wide powers to look into the legal lacunas and quash such proceedings.
Such false cases are many in Matrimonial disputes. The only remedy available to you is to immediately approach High Court to quash such criminal proceedings. The High Court has wide powers to look into the legal lacunas and quash such proceedings.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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Please share the copy of FIR also please tell if you all are on bail or not.
The private medical reports should never be entertained by court. Its a matter of trail you have to proof before the judge of the concerned court.
The private medical reports should never be entertained by court. Its a matter of trail you have to proof before the judge of the concerned court.
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Adv. Rakshith Srivastava
Gurgaon | 25+ Answers
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hi
in this case you have to apply for anticipatory bail immediately if that is done then you have to approach the high court for quashing application in respect of FIR
the medical report is a part of evidence to be examined in the course of evidence
in this case you have to apply for anticipatory bail immediately if that is done then you have to approach the high court for quashing application in respect of FIR
the medical report is a part of evidence to be examined in the course of evidence
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Adv. Rohit Shaligram
Pune | 500+ Answers
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Hi, there is possibility that any evidence in the medical report form can be annexed to charge sheet and can be relied by the Court. Victim can be examined medically to support prosecution case. The medical report can be generated by police for supporting charge leveled against you.
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Adv. Harshad Garud
Pune | 200+ Answers
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File a quash petition under section 482 of crpc the said high court will stay the proceedings of lower court meanwhile your case shall be transferred for mediation at that point you can bargain and ask the mediator to double check the supporting documents
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Adv. Pawan Bisht
Lucknow | 100+ Answers
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in this case you should apply anticipatory bail for 498 a and 323 which is simple cut and find out six part is the Minal intimidation chances of arrest by the police is there file an FIR then you should must obtained anticipatory bail in this matter and further course of time you can approach other civil remedy for your case
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Adv. Satish Kumar
Chennai | 500+ Answers
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Well, the answer to your specific query is Yes as you mentioned that even without referring the case for medico legal purpose, a MLC can be prepared by any private hospital which is to be intimated to the police officer as usually the complaint no. is to be mentioned in the MLC. But, since you mentioned that during the time of the alleged incident the victim or accused were not present on the spot. The MLC report can be questioned and challenged on the principle of Rule of Alibi, and can be questioned during the relevance of the evidence. This might be a good turnout in your favour in the case.
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Adv. Yuganshu Sharma
Delhi | 400+ Answers
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Dear Sir,
Such charge sheets are many the only option left to you is to approach High Court for quashing of such charge sheet when there is no material then police cannot file such cases against such innocent persons. Please come to my office for morw guidance.
Such charge sheets are many the only option left to you is to approach High Court for quashing of such charge sheet when there is no material then police cannot file such cases against such innocent persons. Please come to my office for morw guidance.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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good evening...if your statement is right should make averments that all the records which they have filed is fake , with proof..and there is possible to hold the medical report but this is also you have to tell that they falsely fabricated the document and if it is true that they should have mentioned in the chargesheet
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Adv. Shiji Mathew
Chennai | 25+ Answers
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Dont worry about any forged/ fabricated document, if a person generated a false document, it is not perse admissible in court, medical report is admissible only if it is done by a Govt Hospital, even they can be challanged on lots of the ground, even two independent wittness if they are planted will fall on cross-examination in court proceddings. you must hire a good criminial lawyer, he will handel all this, these are petty issues. for detailled discussion you can contact me for the same.
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Adv. Prateek Aggarwal
Gurgaon | 100+ Answers
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