Is there any other way to prove myself innocent in a fabricated case other than quashing the FIR?

Question

All the village people know the fact that our family is innocent (booked under 14 sections, 302 etc..)Police have harassed the witnesses to report against us.When, they refused, the police is not ready to file the charge sheet as yet(almost after 1.5 yrs).Also, police is demanding a huge bribe(nearly 3 lakhs) from us.We have sent a complaint to the DGP of tamilnadu,India but in vain.The case is filed in tamilnadu,India.

Im accused of a false murder case, women harassment, dowry,theft etc. that are totally untrue. This happened in a different place from where i stay.

Answer 1

Write a regd letter to the police under Right to information act 2005. Asking the progress and the reason for the delay enclosing Rs 10 postal order payable to information officer .... Police Station. The first appelete is the inspector of PS. In one month no reply write to second applete i.e concerned SP with copy of the application and in action of the PS. Even then no reply then approach the information commisioner of RTI (TN). The penalaties are very heavy on the defaulters if not replied.Suggest U read the RTI in detail. Its available on internet.Also send a copy by fax to CM. Lastly Try and contact Sun TV to broad cast ur story. They happily do so aginst the present Govt. RTI act has done wonders for me in a similar fabricated case against me. Nevertheless something has to done about the police high handedness. Best of luck

Answer 2

Your case is nothing different from many others which are languishing in our courts today. There are too many procedures involved in our system. May be its better sometimes but often they are misused and bent for personal gains. As I have been telling earlier also that the police have wide powers under the Code of Criminal Procedure. If they use atleast 10 percent of them they become very dangerous. 90 percent of the police personel do not know and understand the provisions of the law leave alone using them.

Therefore approach a good counsel and give him the entire details.

First enquire about the filing of the charge sheet and the reason for the delay. Then you can file a Quash petition, as you referred, if there are substantial grounds and extra ordinary facts apparent on the face of the record.

In the alternative you can seek for transfer of your case to some other district or State. If you are seeking transfer of the case to some other district in the same State then you will have to approach the High Court. If you are seeking transfer to some other State then you will have to approach the supreme court. My advice would be to first see the probabilities of seeking a Quash and then go for transfer.

You can always approach the Legal Services Authority for legal aid. The authority have panel advocates and you can choose among them. Often emminent criminal lawyers work for free provided you approach them at the right time.

And as far as your concern with respect to the malafide prosecution and the planting of witnesses, you need not worry too much. In cases relating to grave crimes such as murder(302), rape(376), and all other crimes where the punishment is for life, the courts consider the evidence and the entire record with great circumspection. And you will have two stages i.e. the High Court and the Supreme Court, after you finish with the Sessions Court.

Stop feeling that this is the end. There is always a begining after the end.

Answer 3

If you can get people to make sworn statements (affidavit, notarized statements, something like that) concerning the actions of the police, evidence supporting you, demanding bribes - it can form an impressive portfolio, and would probably lead a judge to dismiss. Might make the police leave it alone too - it moves your cases into the category of "More trouble than it's worse."

Good luck - but fighting against injustice is always worth the effort.

Answer 4

Unless you can prove you were somewhere else when whatever you are accused of happened, it is never possible to prove innocence. If half of what you state in the question is true, any proof you had would never see the court anyway. What are you accused of?

Answer 5

My friend ! go to the media. These days it is becoming more influential and effective than judiciary. Call them, talk to them , give them some proof to let them intimidate the police bureaucracy in camera, ensure coverage live or otherwise on TV. U can talk to vernacular press also.

Answer 6

nicely it surely and acutely describes the descent from hopeful justice in the regulation to distrust of it as nicely as your information of your situation and conserving sanity even with it. you may desire to mentally or in case you have pads proceed to place in writing while you're there for awhile. you have a present day. you have a voice that others in prisons interior and devoid of those partitions can perceive with as we are all sufferers one way or yet another. And yet such as you we've the flair to be loose as long as we are no longer dragged down by employing situation so as that for the time of the top. we are the extra appropriate for it. a number of the non-public thinkers I met while i became into in college have been those in who frolicked in penitentiary. that they had time to think of and learn of life and its which potential. Later.