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Thursday, January 11, 2007

Preparing to Defend your legal problems

Understand the false case against you is just another problem, which can and need to be solved

Analyse the FIR and their statements for contradictions within(statements and written statements at different times may have contradictions, example incidents, weights, numbers etc.).

Pick up allegations against which you have evidence on the contrary, and put a petition to Police station and DCP in-charge asking them to investigate on these lines and to submit final report accordingly.

The Police can bring out three types of Final Reports(in which case the complaint will not be prosecuted in the Court, since the allegations are not maintainable at a court of law) as follows 1) Type A Final-Evidence of Allegations is not enough to be tried in the court 2) Type B final- Allegations are false, hence need not be tried in court 3) Investigation on the Allegations are inconclusive, so need not/cannot be tried in the court. Though these are technically possible, the police does not bother to neither take the responsibility of investigating not defending such conclusions by them!. But it is your right to get a proper report on the above lines and avoid court trials/litigation.

For the court to try/prosecute you, the police should be submitting a "Charge-Sheet, usually even in this case the police seldom come out with any inference of their own, they just compile all allegations and statements from the complainant and all the counters and statements from the accused and avoid taking any responsibility.

If you suspect any bias in the authorities against you, send petitions to higher authorities, while keeping the erring personnel a copy of your petitions so that its acts as a pressure to act in accordance to justice. See a related post here: http://bok498a.blogspot.com/2006/08/post-498a-scenario-when-passport-is.html .

To come up with specific ways to counter your specific problems, first you have to think with a problem-solving attitude, and not panic or be despondent. You know the ways to get out, only if you think calmly. All the best.

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