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


Asked on 4/26/09, 4:17 pm

6 Answers from Attorneys
Vishwa Arya Arya & Co.

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

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Answered on 4/26/09, 11:09 pm
Sunil Goel S.G. SOLICITORS

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.

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Answered on 4/29/09, 7:37 am
Shrichand Nahar S.V.Nahar, Advocate

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.

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Answered on 4/27/09, 1:32 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Ipc324,325,504,506,452

you may take your chance.

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Answered on 4/27/09, 2:23 am
Pranav Desai PD Legal & Associates

Re: Ipc324,325,504,506,452

You can try your luck

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Answered on 4/28/09, 8:06 am
Bala Gatla Not Applicable

Re: Ipc324,325,504,506,452

no, you need to contest the criminal case

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Answered on 4/27/09, 6:36 am


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