Legal Question in Criminal Law in India
A false FIR - 498-A , 313 , 323 , 406 , 506 I.P.C and 3/4 DP Act
has been registered against me and my family by my sis in law. (brother's wife)
The FIR has been registered in Lucknow which is wrong.
She was staying with my brother in gurgaon.The period for marriage is one and half year.Her dad is police officer in lucknow and misused his status to influence police officials.
We are on AB till Sept,2010. She has mentioned my name in FIR as well while i have not been putting up in India for past 3yrs. We have filed for quashing in HC but we are not sure on what ground we can get quashing.
Here are some of the wrong statements by her.
1. my name in FIR when i was not in India.
2. FIR in different city.
3. she put my cousin brother and his family also in FIR but they also dont stay in Gurgaon. they stay in Orrisa.
She has couple of false medical statments where she has put wrong things which she ll be using in the court. Mediation has been failed. She is carrying 5 months old baby (undelivered). She doesnt have any other proofs. She is not ready for mutual divorce either.
My question is : how difficult it will be to get the FIR quashed in HC. What are the grounds that we have to show in court.
secoundly, Is it any possibility to take anti separetry Bail from Lucknow High Court.
4 Answers from Attorneys
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Attorney at Law
Fahri TOĞA
you have asked this question before, too and i have answered it.
you may apply for bail in lucknow Sessions court and if rejected file a bail in high court.
In a pending court case, better you follow advice of your lawyer who is conducting the case since he is in better know of all the facts.
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