• IPC 504 and 507

Dear Sir, 
               This is to your kind information that my fathers sister has registered a false fir complaint against me in bangalore police station that I have been threatening her life by unknown phone numbers and by the help of others with assets related issues ,So police have registered a fir under ipc 504 and 507 and was called for preliminary enquiry,where I was questioned with the threatening calls issues and I have clearly answered denying with all false allegations,and have told police that even though we have asset litigations that are pending with courts I have not threatened her in anyway or so,Sir I have a doubt that the complainant I,e my fathers sister is misusing the police by bribing to harass me with the enquiries,So I very much bothered with what to be done for such a fake complaint and fir registered,Kindly guide me with proper steps, I am ready to lodge a counter action case no matter what to prove my innocence 
Thanks &Regards,
Ravikant S g
Asked 3 years ago in Criminal Law
Religion: Hindu

11 answers received in 1 day.

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14 Answers

1. Since the FIR has been registered you must at first obtain bail and then either contest the case on merits or file a petition for quashing of FIR in the High Court depending on what is stated in the FIR.

2. Such criminal cases when the parties are locked in bitter civil litigation over property, are filed with the ulterior objective of piling up pressure on the other person to give up his claim

Ashish Davessar
Advocate, Jaipur
30308 Answers
888 Consultations

5.0 on 5.0

Hi, please proof the case complaint against you as false and then file a defamation case.

Ganesh Singh
Advocate, New Delhi
6616 Answers
13 Consultations

4.5 on 5.0

Dear Sir,

1. You are right she misused the police in registering the said cases.

2. 2. The options left to you a) immediately approach HC and get a stay on such investigation and pray for quashing of FIR.

3. File a counter case against her

4. Get copies of phone call statements to prove your innocence. More details in person. You may take permission of this web site administrators and visit my office.

Kishan Dutt Kalaskar
Advocate, Bangalore
5710 Answers
279 Consultations

4.8 on 5.0

1. Well,since FIR is registered first takebail.

2.If the dispute is arising out of civil dispute then going for quashing after submission of the charge sheet is an option.

3.Unless any offence has been committed you can not file any counter case.

4.if quashing is not allowed then also acquittal is a foregone conclusion.

Devajyoti Barman
Advocate, Kolkata
22279 Answers
338 Consultations

5.0 on 5.0

You can file a counter complaint against her too. There is no harm in it. You can also complaint the higher authority including commissioner of police about the said issue. If she has filed a fake complaint action will be taken by police under section 182 of IPC.

Prashant Nayak
Advocate, Mumbai
23214 Answers
49 Consultations

4.4 on 5.0

1)apply for and obtain bail from trail court

2) wait for police investigations to be completed and charge sheet filed

3)then based on legal advice apply for discharge in trial court or quashing in HC

4) dont file any counter case at present

Ajay Sethi
Advocate, Mumbai
81793 Answers
5120 Consultations

5.0 on 5.0

See, it is the court's work to see that whether the complaint is fake or real. You need to just present your all submissions and evidence for your defense.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

When the matter is pending before the court, police should not entertain such complaint. If FIR is registered, consult a lawyer who will speak to police and sort out. I can refer lawyer in Bangalore.

Rajaganapathy Ganesan
Advocate, Chennai
1921 Answers
8 Consultations

4.9 on 5.0

You need to file counter FIR in this case. If the police does not take your FIR then go for Complaint case before the Magistrate.

Anupam Kirti
Advocate, New Delhi
90 Answers
2 Consultations

4.9 on 5.0

Dear Ravikant,

You need not worry as you are saying you are innocent. However, it is the job of the police to investigate and file charge sheet/final report in the case. Try to co-operate with the investigation agencies and convince them about the litigation pending between the parties and she is abusing the process of law.

C Vikram Chandra
Advocate, Hyderabad
6 Answers
12 Consultations

4.0 on 5.0

Hello,

File a writ petition in the High Court and request the court to quash the FIR since the same is false, frivolous and has been filed on vexatious grounds for some ulterior motives.

If the court will find merit then the FIR will be quashed by the court.

Regards

Anilesh Tewari
Advocate, New Delhi
17860 Answers
323 Consultations

5.0 on 5.0

Hi

You may file for quash of FIR in High Court with the proofs of your favour that you are not guilty.

Also if the FIR gets quashed then go ahead to file a defamation complaint against her for hampering your prestige by indulging you in false case.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can file a counter case agaisnt the complainants stating that they are unnecessarily harassing you by lodging false complaints.

Their intention is that by giving such pressures, you will keep yourself away from the pending litigation to be decided in their favor.

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

dear friend, first try to meet your father's sister and try to know the reason behind lodging the false case, be that as it may, in counter blast yes you can also lodge a false case by showing the same time and place of the incident.

and to protect your self you file a writ in High court or anticipatory bail.

Atul Shahi
Advocate, Allahabad
159 Answers
1 Consultation

4.6 on 5.0

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