• False FIR under sections 323,341, 506,148 and 149

My step brother has filed a false FIR against me under sections 323,341,526,148 and 149.Infact the incident mentioned in FIR did not happen even. I put an application in the office of commissioner of police for inquiry of the FIR. But inquiry police officer is the same who lodged FIR against me and pressurising me to give money to my step brother to settle the matter, there is no any evidence of money borrowed by me from him. In spite of this pressure is being put on me to give money to settle the matter. What should I do.... Please help me
Asked 1 year ago in Criminal Law from Ludhiana, Punjab
Religion: Sikh

The first thing you need to do right now is to apply for anticipatory bail.

The provision under Section 438 Crpc allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence, as in your case.

You can also file a petition for quashing of said FIR under 482 Crpc.

Siddharth Jain
Advocate, New Delhi
5188 Answers
58 Consultations

5.0 on 5.0

1) refuse to pay money

2) there is no evidence that you borrowed money from step brother

3) wait for filing of charge sheet then file for quashing in HC

Ajay Sethi
Advocate, Mumbai
70894 Answers
4259 Consultations

5.0 on 5.0

I won't advise you to wait any further as police can arrest you anytime as it is a cognizable and non-bailable offence.

Siddharth Jain
Advocate, New Delhi
5188 Answers
58 Consultations

5.0 on 5.0

Hi

Secure yourself by anticipatory bail first of all.

Then file an another representation to the senior police officials for changing the enquiry officer.

Also file for quash of FIR in high court along with the facts to prove that the said FIR is false.

Thank You

Rahul Jatain
Advocate, Rohtak
993 Answers
3 Consultations

4.9 on 5.0

you can apply for and obtain AB

2) once charge sheet has been filed police would intimate you of filing of charge sheet

Ajay Sethi
Advocate, Mumbai
70894 Answers
4259 Consultations

5.0 on 5.0

Approach the High Court and prefer a FIR quash petition.

Seek a stay on your arrest.

Approach the Court of concerned Magistrate and inspect the file to find out whether or not the chargesheet has been filed.

Vibhanshu Srivastava
Advocate, New Delhi
8737 Answers
152 Consultations

5.0 on 5.0

Dear Client,

Sec 526 or 326 ?

There has to to medical report if sec 326 IPC.

And witnesses of incident of rioting u/s 148/9.

No need to apply for anticipatory, if IO have ample evidence, he would have issue notice u/s 41A CrPC. IF noitce issued than apply for anticipatory.

Till, relax and deny to give any money.

Can complain to ACB,

Yogendra Singh Rajawat
Advocate, Jaipur
15896 Answers
19 Consultations

4.6 on 5.0

Hello,

You must approach the HC for getting the HC quashed.

File a petition under article 226 of the Constitution of India for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17378 Answers
277 Consultations

5.0 on 5.0

Yes you can obtain the AB at this juncture.

After getting the AB also you can file a petition for quashing of the charge sheet.

Also, the IO will inform you about the charge sheet and also you will be summoned by the court thereafter to take part in the court process.

Regards

Anilesh Tewari
Advocate, New Delhi
17378 Answers
277 Consultations

5.0 on 5.0

Dear Sir,

Just come into safer zone by taking anticipatory bail(AB). Woman may do anything they like and they even get arrest you in collusion with police. Nothing wrong in getting AB. Never take the case as prestige issue. Just let it go. Nothing will happen. If possible approach High Court under section 482 CrPC for staying the investigation and quashing the FIR as you are saying there is no material, why to under go ordeal of Trial before the Magistrate Court, this is not possible after filing of Charge Sheet.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4899 Answers
149 Consultations

5.0 on 5.0

You can file quashing from high court.

Anticipatory bail is necessary

Saurav Khullar
Advocate, Mohali
45 Answers

4.0 on 5.0

You should not beg the police officer to not to register the case

Let them go ahead with their false case which can be challenged in the trial proceedings properly.

Before that you obtain anticipatory bail and be safe.,

T Kalaiselvan
Advocate, Vellore
60781 Answers
782 Consultations

5.0 on 5.0

Is there anticipatory bail is necessary for me right now or I have to wait for filing of chargesheet, and how I will come to know the chargesheet has been filed or not. I do not want to be arrested by the police

Obtaining anticipatory bail will ensure you to be safe from being arrested by police since you are not agreeing for the terms of police.

If you speak law on this then you face the law when it tightens its noose.

T Kalaiselvan
Advocate, Vellore
60781 Answers
782 Consultations

5.0 on 5.0

you should file anticipatory bail and after that file a petition before high court for fair investigation

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Firslty, see sir, please don’t get afraid of the same as they won’t be arresting you which comes out from the demand that they are making as they also need to get some money out of it.

Secondly, I advice you to first get the receding while they stating all these.

Thirdly, then move to the High court for quashing of the FIR with the argument on the basis of the recording, and plus can also ask for the strict action against the all.

Sanjay Baniwal
Advocate, South Delhi
4999 Answers
11 Consultations

5.0 on 5.0

You can always file for an anticipatory bail. File an RTI asking for a copy of the FIR and then go for quashing of the same

Kunaljit Bhattacharjee
Advocate, Kolkata
11 Answers

Not rated

Don't pay any illegal gratification. You can file Complaint against such Officer. You can file for quashing of the FIR in the HC.

Prashant Nayak
Advocate, Mumbai
15888 Answers
28 Consultations

4.6 on 5.0

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