I am young doctor with a emerging practicing. I have been blackmailed by a person who is putting up complaints against me in police dept. locally as well in the district and UT Chandigarh since last 4 years. He has been accusing me of using his company's TIN and Drug license No. to manufacture drugs under his brand and making a profit hence. The actually story is that he had fallout his partner in drug marketing business who was working in my hospital pharmacy as a partime. This person is a anti-social element and has contacted police through various dalals and has managed to exert political pressure regularly to lodge his false complaints repeatedly. He has put at least 5 complaints locally and 4 including 2 in Chandigarh; he has also complained the excise dept and Drug controller.All complaints including latest to SSP(filled on 15/3/17) were filled/dismissed as civil nature. The recent complaint he had brought to a outgoing SSP was used by police to force me to compromise against this person as they may file an FIR against me. It is revealed by that the outgoing SSP on this last night at the present station had recommend FIR and had sent the file to local police station. Meanwhile i met the new SSP and presented the facts of my case who has called the file back. At present the file is lying idle and in a blanket bail application the police has admitted that FIR has been filled so far against me while they are yet to tell the court the charges for which i am investigated. The police is buying time and sitting idle on this matter now but may either cause re-investigation or may go ahead for a FIR against me depending upon the political pressure. 1.I would like to know what legal remedy i have to save myself from this frequent harassment from police or prevent a FIR which can happen? 2.Can court direct the police u/s 482 to direct police to put sec 182 IPC against the complainant? or can we go for private complaint u/s Crpc 2000 to direct IPC 182 to police even when the allegations were found to be of civil nature 3. what chance we have to go against police u/s 166,217,218 alleging that police is wrongly re-examining the complaints and now reversing it earlier reported versions without presence of newer evidence 4. can we ask court to club 504,506 with 182 5. can we file a writ petition against state and what are the success chances and the pros and cons 6. will it better to put civil cases against the complainant like for extortion, blackmail or defamation in local court and will it deter the police to for FIR if he is able to exert influence? is it a better option than writ petition against police? 7. can we go to sessions court ask for re-investigation in matter even when no report has been final in the present situation 8. is there any other solution ? which option is safe and better bet?
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File police complaint of criminal defamation against accused under section 500 of IPC
2) also file civil suit for damages for maligning your reputation
3) you can also file police complaint against accused for criminal intimidation under section 506 of IPC
4) in case any false FIR is filed file petition in HC for quashing of complaint . Mention 4 complaints already dismissed
5) don't file any writ petition in HC
1. I am not sure about the basis of his complaint. If the same is unfounded then you can lodge complaint of blackmailing an extortion agaisnt him in the local police station.
2. Do as advised above.
3.If complaint is lodged the Police has every right ot onvestigate.So going after the Police would put you into more trouble.
4.yes
5.It is of no use.
6. do as advised in point no.1.
7.Yes
8.do as stated above.
1. if you have evidence to prove that all allegations are bald and frivolous then you should file a petition before the high court under section 482 crpc.
2. in bhajan lal vs state of haryana SCC 1990 SC; if a person using the law as a tool to harass a person this act is called abuse of process of law and it is a ground for exercise extra ordinary power of the court u/s 482 crpc to quash the proceeding (fir or charge sheet)
3. on proving of the fact that allegaion is bald the high court shall quash all legal proceeding.
1. First obtain anticipatory bail in all the cases where FIR has been registered, then challenge the cases on merits one by one.
2. Court will not take any action on its own. You have to file a petition seeking direction of high court to the concerned police to not to harass yo on some false and flimsy cases without proper enquiry into the complaints made before it.
If you have grievance agaisnt the police then you may file a private complaint agaisnt the police u/s 200 cr.p.c for proper action under section 182 IPC.
3. Without facing trial you cannot seek to invoke any such provision, you have to prove it in trial proceedings the observations or irregularities.
4. You cannot ask court do such things without filing a petition and an affidavit on the said grounds.
5. Writ cannot be filed against state in the prosecution of a complaint lodged by a private person.
6. Civil case is not maintainable.
Why dont you lodge a counter complaint against this person for the same offences, namely extortion, black mail, threats to life, harassment, nuisance etc.
7. Even before the investigation report and charge sheet is filed, you cannot seek re-investigation.
