What to do further if I am wrongly registered in a muder case
2 years ago
On 5 June a murder happened in my locality in which a man died. 4-5 people were partying and all were drunk and during this a man shot and another man died. My uncle was friend of those people including victim and accused both. So the victim wife took name of all friend of the victim in the fir . But my uncle was not having any contact with those people from past 2 month except one guy from that group. And he was not involved in the murder nor he was partying with them on that day and we are having cctv footage of him which proves that he was not in the murder place. There are 4 named accused and 12 non named accused. My uncle is in named because he was his best friend so victim wife took his name. The other 3 named accused had surrendered and the main accused has confessed his crime but my uncle has not yet surrendered he is very scared as he is not involved in all this. So what should we do now?
If you are not involved in committing murder you may base your defence on the basis of CCTV footage and other documents which are available and then approach High Court.
Rate me Five Star*
Follow these steps;
Meet a good criminal lawyer and immediately apply for anticipatory bail without fail. Once that has been done surrender to the Police station with the bail or when the Police calls for interrogation cooperate with the police for investigation and that will make the case stronger in favour of your uncle.
On every date your uncle without fail should appear in the court and mark his presence.
Simultaneously move an application in the High Court under Section 482 of CrPC fro quashing the FIR and case against him
You first course of action should be to obtain an anticipatory bail in favor of your uncle form the district court. Then you should file for quashing of criminal proceedings against your uncle in the High Court.
If you like my answer, please rate me.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
First and foremost, you should obtain an anticipatory bail u/s 438 CrPC from the district court or the High Court in order to secure the release of your uncle in case he is arrested. Thereon, you can move the High Court and get the case quashed. The CCTV footage will help you establish your case.
If you like my answer, please rate me.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Aap senior authority se milkar bhi investigation kara sakte hai.
But first you will be go to anticipatory bail.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is necessary to apply for Anticipatory Bail either before the High Court or before the Court of Sessions under Section 438 of the Code of Criminal Procedure, 1973,as amended up to date.
When the High Court or the Court of Sessions makes a direction in this regard, it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court;
(iv) such other conditions.
If even after getting that Anticipatory Bail,he is arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, be shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with that Anticipatory Bail.
I want to file case against my boyfriend
Free lawyer for fight the case
376 2(n) service report of notice
About marriage case
Widow Harassment Money Extortion, Deprivation of Right to Life , Discrimination
