Legal Question in Criminal Law in India
Ipc324,325,504,506,452
my uncle and we had fight regarding propperty,the place of fight was a joint named property,and his house he had demolished for re building.to be clear is the place of incident was a joint property.the investigation by the local police shows no cases of 452.But my unlcle applied DIGof police and got the case reinvestigated by other police station where the officer applied 452 on 3 of us
Can we get relief in high court under crpc 482
6 Answers from Attorneys
Re: Ipc324,325,504,506,452
In order to get relief the most important document to be evaluated is the FIR and the other evidence, if any, the police has gathered.
Regards
Vishwa Arya
Re: Ipc324,325,504,506,452
You can file a case to the High Court under its extraordinary inherent power under Section 482 CrPC. But to succeed, you will need to convince the high Court about the collusion of police in reversing the earlier investigation report. for this, you may need earlier investigation report of local police which found no case against you under Section 452 IPC.
Re: Ipc324,325,504,506,452
Most of the courts are reluctant to quash a criminal complaint during investigation, unless a case of abuse of process of law is made out.
Re: Ipc324,325,504,506,452
you may take your chance.
Re: Ipc324,325,504,506,452
You can try your luck
Re: Ipc324,325,504,506,452
no, you need to contest the criminal case
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