false case of 354

8/18/2019 False Case of 354

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False case of 354(d), 506 and 509 against

my brother

Hello Sirs,

I have a brother of age 21, who has been in MUTUAL LOVE with a girl over the

last 3 ears! Everbo" in o#r lo$alit %new this &e'$e(t her father till the

last 1 )onth*!The girl fa)il is resi"ing besi"e o#r ho)e for the last 2+

ears!

efore one )onth the girl-s father $a)e to %now this an" file" a (oli$e $ase

against ) brother &of se'#al harass)ent, $ri)inal inti)i"ation et$!*

!Unfort#natel the .irl was $o)(letel rain washe" an" she-s sai" that she

"oesn/t even %now who ) brother is , never )et or tal%e" with hi)! She even

went with her father to file a $ase! 0e settle" the iss#e on the sa)e "a with

few wellwishers of both fa)ilies an" lo$al (oliti$al lea"ers! 0e $a)e to an

agree)ent &on white (a(er* that the sho#l" not "ist#rb o#r (riva$ an" we

will not "ist#rb the)! The $ase was not even file" at that ti)e an" it was

$lose" o#tsi"e the (oli$e station! There was an agree)ent signe" &on white

(a(er* b ) "a", brother, the girl an" his father that we will leave the

iss#e there it self an" not interfere in ea$h other-s )atters in f#t#re! M

(arents, I an" o#r fa)il $o#nselle" ) brother an" he agree" to sta awa

fro) girl an" all these things! He $o)(letel left everthing an" starte" to

)in" his own b#siness! &A$t#all he $o)(letel got fe" #( with the girl-s

$hara$ter an" he left her tho#ghts*!

1 "as after this in$i"ent, the girl got a )arriage (ro(osal an" it was

$an$elle" when the other (art $a)e to %now all these iss#es whi$h are

ha((ene"! 0e are $o)(letel #naware of who tol" the) an" how the (ro(osal got

"ist#rbe"! 0e are no wa relate" to this in$i"ent!

S#""enl, the ne't "a, his father went to the (oli$e station again with his

"a#ghter an" file" a $ase against ) brother #n"er the se$tions + &$ri)inal

inti)i"ation*, +4&)o"est of wo)an* an" 35" &stal%ing a wo)an*

we have got few letters whi$h girl wrote to ) brother, we have $all lists

with #s &of ho#rs $onversation between girl an" ) brother*, few gifts whi$h

the e'$hange" et$! b#t the are least bothere" atleast to $he$% what the

are!

The (oli$e are not even bothere" to hear o#r version on what ha((ene"!

6ow we have got a bail an" the $ase has been referre" to the $o#rt! As (er the

latest infor)ation I have got, the have sent the $harge sheet to the $o#rt!

So,

1! 0hen I as%e" abo#t this to the lo$al lawers an" all , the sa onl one

thing, no (oli$e will listen what the bos sas in s#$h $ases, the (oli$e have

the $o)(lete a#thorit to boo% the $ase in s#$h $ir$#)stan$es witho#t even

verifing the fa$ts! IS THIS T7UE 8

2! The girl-s father $o)(letel )aligne" o#r re(#tation in ever (ossible wa,

even tho#gh we are inno$ent! He is still )aligning #s with all the false

(ro(agan"a! 9o we have to sit :#iet an" a$$e(t what he sas8 0HAT IS THE

I..EST ;U6ISHME6T 0E #sti$e an" let all the (eo(le %now that his "a#ghter is the


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a$t#al $#l(rit*! If we $an file an $ases against hi) &"efa)ation, for

registering false ?I7, et$!*, when is the right ti)e to "o that8

3! How sho#l" we #se the (roofs that we have got for their relationshi(!

5! He is still sear$hing for all the available o(tions to "efa)e #s "oes he

still have an o(tions to again go to the (oli$e station an" file an f#rther

$ases on #s 8 M (arents are reall tense" thin%ing that what ha((ens if he

again go to the (oli$e station an" files an other false $ase on #s8 IS THAT

;OSSILE8

0ill the (oli$e at least hear what o#r version is if he files a se$on" $ase

against #s8

! 0hat sho#l" we "o now, whi$h $an (rove o#r inno$en$e an" his g#ilt8 How

sho#l" we a$t in the f#t#re in regar"s with the $ase file"8 0hat are the

9O/s an" 9O6/Ts for #s8

! 0hat will be the i)(a$t of this


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If the ;oli$e is not ta%ing the evi"en$e (ro"#$e" b o# #n"er $onsi"eration,

o# $an file a $o)(laint to the Ila:a Magistrate (ro"#$ing all the evi"en$e

before hi)! ?#rther, the evi"en$e as tol" b o# $an be #se" "#ring o#r

"efen$e evi"en$e if the $hargesheet is file"! =o# nee" not sit :#ietl against

the false $ases file" b her an" her father! the "efa)ation s#it $an be file"

b#t "o not file it right awa be$a#se that )a go against o# in the $o#rt

(ro$ee"ings!

=o# will have to $ontest the $ase of )erits! The agree)ent signe" b o#r

father an" her father nee"s to be "is$lose" when # file the $o)(laint before

the Magistrate! ?#rther, are there an $allsB$onversations between o#r

brother an" the girl after the agree)ent was signe"8 That )a go against o#

if there was an!

The $annot file an other $ase against o# sin$e as (er the fa$ts o#r

brother is not s(ea%ing with the girl an)ore! =o# )#st file the $o)(laint for

(ro"#$ing false evi"en$e an" giving wrong infor)ation to (oli$e against the)

before the Magistrate who $an ta%e $ogniCan$e of the offen$e if "esire"!

As this >#n$t#re $on$entrate on "efen"ing the $ase on )erit! After a)en")ent

to the


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5! He is still sear$hing for all the available o(tions to "efa)e #s "oes he

still have an o(tions to again go to the (oli$e station an" file an f#rther

$ases on #s 8 M (arents are reall tense" thin%ing that what ha((ens if he

again go to the (oli$e station an" files an other false $ase on #s8 IS THAT

;OSSILE8

O(inionD Ever thing is (ossible an" i)(ossible it is the )in" an" f#t#re is

#n$ertain, so nobo" )a >#"ge!

0ill the (oli$e at least hear what o#r version is if he files a se$on" $ase

against #s8

O(inionD Its "e(en" on the $ase, it )a be she is not going to file another

$ase or $ases!

! 0hat sho#l" we "o now, whi$h $an (rove o#r inno$en$e an" his g#ilt8 How

sho#l" we a$t in the f#t#re in regar"s with the $ase file"8 0hat are the

9O/s an" 9O6/Ts for #s8

O(inionD fight the $ase on )erit with the hel( of lawer, if o# thin% that

o# are able to fight the $ase o#rself then there is no nee" of an lawer!

! 0hat will be the i)(a$t of this


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The (roofs whi$h we have with #s are! 0ill all these (roofs strong eno#gh to

win the $ase8 0hat fro) the below 0ILL E e$t to

its $ontents!

! An in"e(en"ent witnesses who $an testif in o#r brother/s favo#r will bei$ing on the $a%e!

@! The agree)ent )a"e between o#r an" her father will have no signifi$an$e in

the $o#rt!

Ashish Davessar

Advocate, Jaipur

https://www.kaanoon.com/lawyer/ashish-davessarhttps://www.kaanoon.com/lawyer/ashish-davessar


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12763 Answers

337 Consultations

5.0 on 5.0

• (al% to Ashish Davessar

•

1! =o# $an not tr to (#nish herBthe)! =o# $an onl (ra for relief for the

in>#sti$e )ete" on o# an"Bor (ra for >#sti$e against the illegal tort#re

for$e" #(on o#! The $o#rt will awar" (#nish)ent after hearing both the

(srtirs,

2! Sin$e o# have alrea" got the bail + of o#r (roble) is alrea" over,

3! 6ow the


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Has the $harge sheet been file"8

If es o#r brother sho#l" (ro$ee" with filing a (etition before the High


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before the Magistrate who $an ta%e $ogniCan$e of the offen$e if "esire"!F8 How

an" when sho#l" I "o that, right awa or after ) $ase has been $lose"8

O(inionD =o# )a file a $o)(laint #Bs 35+ of

false case of 354

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