Dear sir, I Have the following submission 1. Mrs Janki Devi ((63 years), is my distant cousin (4th generation) who falsely claims part of our residential land in our native village Gahmar. In order to pressurise us to yield, she along with her husband harasses us every now and then. She has already filed a suit in civil court of Ghazipur (UP) in Mar 2016. 2. Prior to the above in May 2014 she assaulted me in and falsely filed complaint and suit which is sub judice. 3. She has made false complaint to police of abusing, beating and robbing her against me, My brother Mr Chandra Bhanu singh and my wife Ranjana Singh on 9th March 2017. This complaint on the orders of Superintendent of Police (Ghazipur) has been inquired, investigated and reported to be false by Gahmar Police (report acquired by RTI). I understand that this is a punishable crime according to IPC 182. 4. Pursuant to the complaint, she has also made false allegation (false charge of offence) of similar nature in court vide 156(3) in Ghazipur court. I understand that this is a punishable crime according to ipc 211 and she can also be prosecuted under IPC 193, 199 and 500. 5. In her complaint and allegation mentioned above she has made reference of one Mr Vinod Kumar Singh with intention to make him witness of the alleged crime. However we have got the information from reliable and trusted sources that Mr Vinod Kumar Singh was much away from Gahmar at the time and date of alleged crime. Also my brother and co-accused Mr Chandra Bhanu Singh was away at Bokaro Steel City on that day. 6. The above can be verified by examining their cell phone location and call details by police. I believe this is solid evidence in the interest of justice. I therefore pray to give suitable instruction to Police immediately as this evidence is perishable by Mar 2018. 7. This may kindly be appreciated that while prosecution under aforesaid IPCs can wait till final verdict on the Janki Devi’s complaint/allegation, investigation is urgent as the evidence will perish by Mar 2018 and justice harmed. 8. On these I made a police complaint and subsequently petitioned to honourable court under 156(3) which has been rejected mainly on the ground that there is no "final report" on the allegation. However in my petition under 156(3) there was request for instruction to police for investigation but no mention of perishable evidence. What should I do now? Bir Bhanu Singh
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You can file complaint of criminal defamation against your distant cousin under section 500 of iPC for having maligned your reputation by making false complaints before police and court
2) as against order of magistrate rejecting your complaint filed under section 156(3) of cr pc to direct police to investigate and submit report you file revision application before sessions court
1.the relief you sought for are permissible u/s156(3) and that is why the sis application by you was rightly rejected.
2.Well,if there is falsity in the allegations of your relative then there is not much reason for your worry.
3.You Would be eventually acquitted f the charges after which you can file suit for damages.
4.in the meantime do take bail and contest the cases on merit.
5.If police is not investigating properly you can apply in the magistrates court for further investigation.
1. In 156(3) the court will issue directions to police to lodge the FIR and proceed according to the law. The falsity of the allegations has to be proved at the trial in the court.
2. Since the court has not issued any directions on your 156 petition you may file a writ petition in the High Court to seek directions to the investigating officer for a fair investigation.
The complaint and counter complaints are nothing but allegations from both the sides against each other.
Since you both have approached court and police, you may have to await the decision by court on the basis of the police report that will be filed after investigation.
