Legal Question in Criminal Law in India

About fraudulent FIR / criminal case

Hi,

My father filed a land partition civil case against my grandfather in 2005. I live in USA since 2000 and for the very first time, I went to India in march 2006, just stayed with my parents for one month and came back. My grandfather came to know about this and he has filed a fraudulent criminal case against me stating that I went to his village and abused / threatened him with murdering intention during my visit. He has intentionally done this so as to compel my father to withdraw the civil suit. Now my grandfather has gone to a police station and has filed a fraudulent FIR against me, stating that I had hit him and escaped to USA. [I have not even seen him for more than 15 years]. He has political influence in the village and the police in that village also listens only to him and they have filed a fraudulent FIR against me.

His intention is to serve a criminal court summon to me at USA and make me go to Indian court and then had my passport blocked so that I cannot go out of India. In that way he thinks that my father would budge and withdraw the civil case.

What should I do to safegaurd myself in this aspect? Is it that easy in India that anybody can go file a fraudulent FIR or criminal case against anybody?


Asked on 1/18/07, 4:36 pm

2 Answers from Attorneys
D. M. Bhalla D.M LAW CHAMBER

Re: About fraudulent FIR / criminal case

you can file a counter case for extortion and for lodging false case in police station and many more remedies are available, which cannot be discussed on net being trade secrets.

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Answered on 1/21/07, 12:53 pm

Re: About fraudulent FIR / criminal case

FIR is required to be examined.you can go for anticipatory bail and if you have better evidence then you can produce them

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Answered on 1/19/07, 7:38 am


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