Hi,
A Family friend (widow) and my wife both working together in same school. That widow lady filed a fake rape complaint on instigation of my wife (living separately),against me with police in 2016. When police called lady and me in police station. That lady withdraw the complaint by saying that her daughter is grown up and she don't want to proceed further, but in case she got disturbed in future by me she will take action.
Then i came to know that my wife and her cousin CA had hacked my Income Tax Online id and password. After warning my wife and when she get adamant in CAW i filed the complaint case and in Oct. 2016 on hon'ble court orders a FIR registered against CA.
In November 2016, that lady approach to hon'ble court u/s 156(3) but did not appear in court and after several dates of hearing her council argued and then FIR registered against me in August 2017.
Now please reply with my below queries.
1. That lady in her complaint said that the fake rape is done on 19-2-15 and i am having the recorded calls of the same lady for 20-2-15 and 21-2-15 in which that lady is discussing my issues with my wife and suggesting me also. Is these are valid evidence?
2. That should i hand over another some recorded calls to police right now at this stage in which the same lady is chatting with me and also discussing our family issues and providing solutions to me or shall i wait with these recorded calls to produce in hon'ble court at the time of trial or evidence?
Police had not even taken the CDR of the said case even after she filed a complaint case with the hon'ble court as that lady given 24 missed calls and 43 calls to me in that period between the fake incident happened and the complaint filed by that lady with the police (according to Truecaller details with me).
A.You better move High Court for quashing of FIR now itself, without waiting for trial to commence .
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Anonymous
Replied 6 years ago
Thanks a lot for the advice. I visited there and also got the legal consultation with the legal services. There they told me that quashing is only possible in two ways
1 is when both parties are agreed.
2 is when the lower court suggest/advice in a case.
Please suggest further.
Prabhakara S K Shetty
Replied 6 years ago
Not correct, who gave you such advice, ? you have consulted ignorant people. I am High Court advocate, can give Karnataka HC case numbers filed by me.
Anonymous
Replied 6 years ago
Thanks sir,
I will follow the same as you suggested.
Prabhakara S K Shetty
Replied 6 years ago
Go ahead, find a High Court advocate and file for quashing, you require certified copy if FIR.
NILANJAN CHATTERJEE
Responded 6 years ago
A.The matter is grievous in nature kindly take paid consultation.
Dear Client,
From the contents of the query, it seems to be a fake call to extort money from the general people threatening them with ulterior motives. You need to enquire about the matter from Delhi...
Dear Client,
The boy cannot be arrested for an offense that he did not commit. In case an FIR is registered against the boy for the said act, then you need to get a registered copy of the FIR. The sam...
Dear Client,
Section 90 and Section 375 of the Indian Penal Code is what the person is charged with when he has a sexual relationship with a woman on false promise of marriage. Section 375 of IPC def...
Dear Client,
To verify the veracity of the call, you need to contact the concerned police station or the State headquarters police control room, and based on the information if accessed from the sourc...
Dear Client,
According to Section 377 of the IPC, if any person, against the order of nature, voluntarily performs carnal intercourse with any man, woman, or animal, then that person is said to have...
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