Mumbai | 30 Mar, 2021 (1 year, 1 month ago)

Criminal Law

Case filed frivolous ly by One Model against another

Two Models sharing an Apartment , after some altercation due to professional rivalry filed a case under IPC 324 & 524 in 2011, the Model who filed the case had cooked up story and some Medical certificates - for having been injured in the scuffle that happened during the altercation on Night . The accused moved out of the Apartment as she was threatened of retaliation . The Accused was not aware of Police case filed - though the phone number was known to the Victim as well as the landlord - no effort was made to contact the accused by the police - And after 5 months the police arrested her from a public with a warrent . The Accused resisted the arrest - however relented and was in custody for 1 night in the police station . The accused was produced in court next day and released on Bail . The case on since 2011, except during the first hearing when accused was presented in court - the victim has not attended court even Once . However the accused has been attending the hearing or recording her presence from time to time . A charge sheet has been filed, however no time the victim nor any lawyer was present during any of the hearing . Can the accused ask for dismissal of case
Answers
31 Mar, 2021 | 17:23

Before the charge sheet was made only, you should have approached the magistrate for quashing the FIR. Now, you have to get the case dismissed on the grounds of no prima facie case from the magistrate. Appoint an advocate as soon as possible.


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