Legal Question in Criminal Law in India
Dear Sir
My Father (Against whom my mother has filed FIR of 494/494A/506 of IPC which is under trial) has filed some baseless cases to take revenge against me under section 452 and 392 of IPC in a lower court in UP . Neither there is any Police Record in the Local Police Station at my Place of residence nor much of local support. He has filed this case with the support of max 10 people. I have only send couple of badwords through sms to him 9 months prior to disturb him thats all. He tried his best to File FIR against me but only NCR has been registered against me in a separate city in UP ,Police called me n asked me not to do it since then i have stopped it. Since the last few months i have not send any sms to him. I have not send any thretening sms to him. I have neither done any robbery and snatching with him .
I have come to know from a reliable source about it last week and immediately i have approached Allahabad High Court and my lawyer has sent one notice to the lower court to stop the proceeding of the crime which was filed by my father and his son under section 452 n 393 of ipc till the objection from me (Accused) in their above filed case.
I(32) am his real son of my father (+62) and my mother (+54) and he is also paying maintenance under section 125 of crpc to my mother for Rs.500/- per month.Though he has sold major 80%l our ancestral property which got transferred in his name after the death of my grand mother. He has also sold our House in which we are currently in possession but we have managed somehow to be there at our house as my mother has filed one case of domestic voilance act against him and she has got the Residential Order till the disposal of this domestic voilance act case simultaneous we have got stay on some plots under the maintenace on charge in another case which was filed by my mother in a lower court in up.
He is totally in control of his mistress and her two sons (They are also the sons through my father) . We have all the evidences like 125 crpc maintenance order in favour of my mother and id and address proof like ration card,election card,voter list and local panchayat praman patra,but he is denying our relationships and he is not ready to give us my share of his ancestroal property and we have filed case of Stay in 2007 for stay on land but due to mistake it was filed in my mothers name n he sold the plots and land in Jan'2011 .After that we realsed our mistake and i am now trying to add myself as per section 10 of in the case which was filed by mother in 2007 and get the Sale Deed declared Null and Void by taking the Advantage of Section 52 of the Transfer of property Act.
His only intension is to put myself behind the bars but i have not done anything against him as a crime , i am just fighting for our rights . I am the only son of my mother and trying to protect my family.
Just wanted to ask you is there any way where i can save my self against these base less cases which my father is trying to file against me and he is trying to make it time consuming .We have all the evidences like my mother's marrige photographs with him he is just denying all this and trying to throw us on road by all means.
Can he file these kind of baseless cases against me/us and disturb us so that we cant fight for our rights. His only intension is to disturb us,local police is also with us as nothing has happend like this which comes under section 452 and 392 of IPC against me. He just want to make it longer with the help of pending criminal /civil cases against us.
Please Suggest what should we do so get justice .
2 Answers from Attorneys
The narration of facts given by you would prima facie show that your father's action is not legal. However, you may need to take appropriate defence before the concerned authority. Since you have already engaged a lawyer to pursue your remedies, it may be better to follow his good advice. Wish you good luck. !
If there is a false case filed, one may contest the case and take suitable steps for institution of a false case or he may approach high court for quashing of proceedings.
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