Approch the High Court to quash the FIR under section 482 of civil procedure code.
A false case has been lodged on me, in the FIR of the complaint given against me the police has written an extra sentence in complaint summary section of FIR which is not written by the complainant in the complaint written by him so when we compare both complaint written by complainant and the complaint summary section of FIR any one can easily tell that - the complaint written by complainant is not his personal statement, police has advised or helped him to write the false complaint, The complainant has forgot to write a very important sentence in the complaint given by him but that particular sentence has been written in complaint summary section of FIR, other than that sentence all other words are exactly same as written by complainant. So what i want to know from you people is weather court accepts our argument that the complaint is a false one which is advised to complainant by police.
3 answers received in 30 minutes.
Lawyers are available now to answer your questions.
Approch the High Court to quash the FIR under section 482 of civil procedure code.
1.In the case summary the Police often adds new lines.there is nothing abnormality in it.
2. Whether the police prodded or dictated the complainant to draft the complaint or not can never be proved unless the complainant states in court.
3. So without the admission of the complainant your argument on this account will not stand. You will have to bank upon other points or loopholes to rely upon.
1) you can take the plea that complaint is false and bogus
2) when notice is issued to you under section 41A of cr pc deny allegations made
3) wait for police investigations to be completed and charge sheet filed
4) then file for discharge before trial court
1. Police do not have to refer complaint copy entirely while preparing FIR. FIR is the formal document and complaint do not have to be in formal format.
2. The FIR is prepared based on the preliminary investigation.
3. Without knowing the investigation reports, I can not say the complaint is false.
You can discuss with a lawyer.
Noted the contents and your statements made in your post.
It is your right to deny the allegations / FIR, subject to having substantive proofs to support your averments.
You need to prove your version. Burden will be on you to prove your statements.
In order to question there is separate mechanism which will come for your rescue.
If the allegations in the FIR are totally false and concocted and the FIR is nothing but a great harassment to you; and also, if you've sufficient material to demonstrate this, you may take your chance and challenge this FIR by way of approaching the High Court.
If complaint is false you would have to provid it, you can obviusly take this agreement
As per your description it is good for you that the FIR and complaints particulars are not matching.
When case comes on CHARGE stage then ask your lawyer to argue for discharge or argue against the framing of charges.
If the written complaint has given receiving on it, than it can be questionable.
But FIR is not the encyclopaedia of offense, it only set the law into motion, so statement included in the FIR has also speak while recording statement, than deletion of that statement in FIR will have no impact.
Hello sir , if there is a contradiction in the contents of written complaint and the FIR , then it is fatal to the prosecution case and will be in your favour when the trial will be conducted ..
If the complainant himself does not say that the said statement was not written by him, this plea of yours will not be a very strong plea.
Also, search other grounds by which you can tell that the allegations are vexatious and on these ground go to the High Court for getting the FIR quashed.
Also later after the investigation is done, and if the charge sheet is filed then you can file a case for quashing of the charge sheet
your friend U/s 320 withdraw complaint against you. nothing will be happen.
It is to be decided at the time of trail in the court
during investigation period can a complainant change a particular sentence which is written in complaint summary section of FIR by giving further or additional statement with a different meaning which has a complete opposite meaning to the statement written in FIR. as i have mentioned in my case: the statement which has been written additionally in FIR which is not written in complaint has a very important value to the overall complaint, without which complaint will be meaningless. and now somehow i came to know that the complainant has given additional statement to fill the gap of missing sentence in written complaint which has a complete opposite meaning to the statement written in FIR.
Complainant cannot make any alterations in complaint filed by him
2) if any additional statements are made by complainant which you s on contradiction to earlier statements filed you can draw attention of court during trial of the contradictions in the statements
what do you want?
disposal of a case or learn criminal prectice?
The allegations in the FIR cannot be amended, supplemented or supplanted.
Any such amendment is intself indicative of the fact, that the freshly added allegations is an after thought.
If such is the case that the FIR has been supplemented and fresh allegations have been introduced in the same FIR, by way of over writing or otherwise, you may take your chance and file petition for quashing of FIR.
It cannot be changed, it is fit case to file a quash petition, try it before the High Court.
No statement can be added by the complainant.
If however it is added then you may draw the attention of the court towards the same, it will be of use for you.
The complainant has forgot to write a very important sentence in the complaint given by him but that particular sentence has been written in complaint summary section of FIR, other than that sentence all other words are exactly same as written by complainant. So what i want to know from you people is weather court accepts our argument that the complaint is a false one which is advised to complainant by police.
Your advocate has to argue on this contradiction and also point out the observation during the final arguments.
Before that your advocate during the cross of examination of the police who prepared this FIR has to bring this contradiction and false to the knowledge of court by highlighting the same during cross examination.
After that the convincing power of your advocate during final argument is a matter to be taken into consideration.
during investigation period can a complainant change a particular sentence which is written in complaint summary section of FIR by giving further or additional statement with a different meaning which has a complete opposite meaning to the statement written in FIR.
It depends on the circumstance, if the complainant feels that the police had not taken the contents in FIR at the initial time of complaint, the IO may include the same during investigation.
But the same can be highlighted before court during trial proceedings stating that this has been intentionally added to favour the complainant.
charge sheet has been filled in the case i had discussed earlier, now if i file for discharging of my case in the trail court and the court discharges the charge sheet on me, then can i file defamation case on complainant, eye witnesses and also on police investigation officer or do i need to face regular hearing of case and then need to prove the case as false case and then only i can file defamation case on them ? my main question is : if any one makes a false case on us then when and how can we file defamation case on them and can we file defamation case on police investigation officer also for negligence in investigating the case
1) you can file case of defamation against wife , witnesses if you are acquitted in 498A case
2) Section 193 of the Indian Penal Code emphasizes the punishment for tampering of evidence.
In case of judicial proceeding – whoever knowingly or intentionally gives false evidence or swear by it at any stage of judicial proceeding thereby letting the court to believe it to be true and consider it as evidence, shall be punished with imprisonment for maximum of seven years with fine. Intention is the main ingredient for this type of wrong.
If you are discharged then you can file defamation and also you can file complaint under section 209 of the Indian Penal Code.
Defamation can not be filed against the police officer, they have the protection of the law.
You can file a petition agaisnt the police for malicious prosecution after getting discharged from the case.
Getting discharged from the case is a cumbersome process, the court after proper analysation of the case, may arrive at a decision to discharge the accused.
Hence you may proceed with a case against the police after that.