- This topic has 72 replies, 32 voices, and was last updated 1 year, 5 months ago by
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USo yesterday around 6 pm our neighbours were installing a sheet in their house
So they were trying to put the nails from our house,
My father came and adviced them to put the nails from their house so that in case of an emergency, they don’t face any problem
No he said only this and
The an elderly uncle from neighbouring house came shouting
Ki
who the hell are you and all
And started pushing him
Saying bad things about him and my mother
So he retaliated by pushing him away
(He is a bp patient)
Now that retaliation turned into
A hand fight
Like pushing and all due to which both parties suffered
Now just after this fight the uncle went into his home and died due to heart attack
Now everyone in the family started claiming
That means and my father murdered him
I was not even there
I was sitting in the room and after all this happened I came out
Now I don’t know what to do
So please if anyone who is experienced or know what shall I do please message -
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SDid police take it before you could backup ?
As they can corrupt the video/ data to suit their narrative. -
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UFetch his previous medical history (it is a private document). A preexisting medical condition that contributed to his demise would rescue you.
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UAsk your mother to file a case against that family so that you have leverage in case they act unreasonably. Ask your mom to implicate every other man in that family.
I know this isn’t ideal but of the police proceeds with this you will be in a mess. This was you will at least have leverage.
If you don’t want to ruin your life so do they.-
UThe world is a dirty place and it doesn’t work on ideals. We do what we can to get by. And as long as it is not to harm others maybe it is alright. In a very very very optimistic situation op’s father would be freed but that would also come with years of struggle and legal fee. Obviously there will be judgements and then appeals from either side depending on the side the judgement favors.
The next best scenario is death by negligence punishment. But the prosecution will fight tooth and nail to convince the court that OP’s father knew of the uncle’s condition and despite that knowledge abused him physically. So he should get a more harsh punishment. Even without that, OP’s father did physically retaliate against him, so the courts won’t so easily rule that the uncle died simply because he himself started the fight.
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UPrecisely why it is necessary to file a counter FIR. OPs life and career will be majorly affected. People down voting do not realise how things work
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U1. That advice is good only if OP had filed the complaint before an FIR was lodged against him, and not after. 2. Such allegations would establish mens rea for murder. 3. Courts are hesitant to quash FIRs in cross cases since it al the more proves that the incident as narrated did take place, and in this case, where a person has died lodging a cross cases is going to be the worst case scenario if the case goes to trial.
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UHigh Courts have settlement agreements in such cases if both parties file counter FIRs.
These allegations wouldn’t establish anything if they get the timing right and in fact would put the other party also at the mercy of police.
A cross case is the best case scenario here. If they plan the facts right then they would have leverage too and can file for a settlement agreement if there are FIRs from both sides. Quashing will be difficult from both sides. That’s why it’s better to go this way.
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UIt is the worst advice you could’ve given him, both morally as well as on the merits of his case because such “allegations” would establish a motive for murder against OP and his father.
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UGet the best Criminal Lawyer in town. Paying a good lawyer is much better than the cost of all headache.
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UNot just that. There are so many nuances to the legal system that we are guaranteed to fall trap into. When I say Best criminal lawyer I mean the best. Not some relative or a mutual contact who works as an advocate. Take some time and contact old friends who deal with criminal activities. Don’t tell them the whole story about you. Simply ask them a favor to connect you to the best lawyer with impeccable track record and access to higher ups. Sadly that’s just how it is and it would be gravely erroneous to believe otherwise and just rely on the justice system.
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UI’m sorry to say this to a 17year old, but you’re fucked mate. The Indian police and Judiciary are the most corrupt institutions on this planet earth. They won’t let you go until they extract every pound of flesh from the bones in your body.
Your dad should have stayed inside the house and not escalate things, the Indian government will fuck him and you up your asses because of a fake FIR. You live in a corrupt system in a corrupt country.
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ULawyer here: Please do not do that. Something like this would establish a clear motive for murder, and results could be disastrous for you.
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UFirst go and file anticipatory bail don’t go to police station go underground tell your lawyer to go to police station because in case warrant is issued than they will catch you before you get chance to get anticipatory bail file a proceedings in High Court to dismiss the FIR this will be done at a very later stage I believe the FIR can be withdrawn with the permission of magistrate talk to the family tell them what happened get a mediator like someone elderly this is the reason why you should not get into a scuffle there are people in India who behave very badly and they don’t understand what if the same thing happens to them how will they feel
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ULawyer here: Immediately file a Criminal Writ under Article 226 seeking the quashing of the FIR. You may pursue other remedies in the meantime but move to the High Court at the earliest. At the very least you would get a stay on arrest till the submission of the Chargesheet.
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UHey,
Not really related to this particular one, but wanted to know the possibility of getting a counter FIR quashed? Like specially for fake 354 cases(509 etc also). -
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Uu/mollee808 I believe OP resides in Uttar Pradesh and here for quashing for FIR you file a 226, and a 482 is only maintainable after Chargesheet and Summoning/Cognizance order.
It’s just how Allahabad High Court works.
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UIn your post you mention ‘they’ were trying to put the nails in your house. Was there a third party like a carpenter or handyman involved? If yes, make sure they’re on your side as an eyewitness to the whole event and pay them if need be.
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UYeah yeah
The carpenter and even our maid was on our side
Both of them saw the whole event
The guy who tried fighting with us pressed false charges of murder 302
But the post mortem report clearly says
No injury has been reported
So we have the strong point now -
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UIf it is a police case, FIR will be lodged and autopsy will be done. Based on the previous medical history and autopsy report, cause of death (heart attack, trauma due to beating, falling) will be considered for the investigation and final outcome of the case. Get a good lawyer specialising in criminal cases. Also, mentioning your city would be a good thing to get help fast.
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UThe case will get dismissed. But before that happens, it will cost time and money. Also talk to the cops and public prosecutor to get the charges dropped or to at least have your name removed from the chargesheet.
The most important issue though is your future. Do stay focused on your academics.
NAL.
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RIt’s not murder. There’s no intention. There’s no knowledge. There is no proximity between the fight and his eventual demise. If he was fine and went back home after the fight then it’ll be hard to prove you caused his death. Even if the actions were proximate, no reasonable person would ever think, that a normal fight would cause someone else to die. Get a lawyer, see if you can file a quashing petition
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PA good lawyer, post mortem report copy, if you can somehow get access to private medical records or evidences he was already sick, protect CCTV footage (cops may try and destroy if paid heavily by the other party). Post mortem report is clear so a good lawyer can clean it up. Also, you can sue them for naming you when you were not present. Show this as a money grab technique off a dead person.
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