Legal Question in Criminal Law in India

False Complaint registered at Ghaziabad

A lady has filed a false complaint against me, saying that i was part of a group who went to her house, threatened her with death and then beat her up in the year 2005. I'm residing in Ahmedabad,Gujarat. Her husband is also staying at ahmedabad and he has filed a divorce case against her, and she has filed a maintanence case against him. In this crossfire she is trying to involve me and my brother by filing a false complaint as mentioned above as her husband is staying with my sister. Since 2001 i have been staying separately with my family and my brother has always been staying separately. She has filed the false complaint just to harass us. Can a summon be issued now in the year 2007 for a complaint lodged in 2005 and in 2006 the lady has given a written complaint under S. 200 CrPC to the Additional Judicial Magistrate Ghaziabad. In March 2007 a witness has filed an affidavit saying he was present while apparently i, my brother the other co-accused beat the lady up. If a summon is issued will i be forced to go to the Sessions Court in Ghaziabad to serve it or can i reply by post? I have never been to Ghaziabad after 2000. My brother has never seen Ghaziabad during his lifetime. He is no more.Please advice.


Asked on 11/29/07, 3:08 pm

6 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: False Complaint registered at Ghaziabad

you need to hire an advocate in ghaziabad or delhi and send the advocate a vakalatnama and he would appear on ur behalf. exemptions for a few hearings may be granted but u will have to appear n seek bail otherwise warrants would be issued. u need to act fast. what is the next date of hearing.

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Answered on 11/30/07, 4:40 am
G. M. Gupta gmguptaandassociates

Re: False Complaint registered at Ghaziabad

file cross complaint for malicious prosecution.

otherwise fight the case and prove her wrong

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Answered on 12/08/07, 9:29 am

Re: False Complaint registered at Ghaziabad

All court papers are required to be examined.If you receive summons then you must have to appear before court.You must have to prove your case and also to disprove her complaint.There are other remedies by which you can save your interest.Contact personally with all details and documents.Professional charges are applicable.

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Answered on 11/30/07, 12:02 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: False Complaint registered at Ghaziabad

since the case is a criminal case unless your personal attendance is dispensed with by the Hon'ble court it is better to remain personally present and explain to the court the fact about your brother & other facts thru a lawyer

If the court suspects you are trying to avoid the summons the court may issue warrant of arrest in your name

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Answered on 11/29/07, 8:17 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: False Complaint registered at Ghaziabad

Summons of 2005 Complaint can be issued in 2007. Summons in a criminal matter is an order to an accused to appear before the Court and answer to charges. It can not be replied by post.

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Answered on 11/29/07, 11:11 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: False Complaint registered at Ghaziabad

This is a criminal case which has been filed against you. I advise you strictly to remain present in the court and let your lawyer explain the facts to the court. If the Hon'ble Court will find that you are enough serious or trying to avoid the summons then the court might issue warrant. As you are from Ahmedabad you may contact personally alongwith the details or call me.

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Answered on 11/30/07, 12:06 am


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