• Can we quash this baseless FIR?

Ours is a coaching Institute in Pune, run by an Educational Society (Regd.) in AP. On 14th January,2015,some competitors made a phone call to the concerned PS stating that fake certificates are being sold illegally in our institute. Sub Inspector received that call by 10 pm, went to our institute by 10.20 pm. He took all the files of students in to his hand. The original certificates, which are submitted by the students for various attestations and for joining in higher courses and the certificates received from the universities on behalf of some students applied for the same, through our Institute are seized by him, without any enquiry. Office is locked illegally. My manager was taken into custody. Just within 15 minutes, he did all these by 10.30pm. He made an FIR under cheating, forgery i.e., sections 420,467,468,471-IPC and made our manager as A1 and arrested him. Then A1 got released by bail. 
My brother was the founder-secretary of the parent Society (Regd.) in 1992, but he left the same society in 2012, before  started admissions  at pune branch. Police got a paper of Society members list of 1992, on the basis of that, unfortunately, my brother’s name is also incorporated in the said FIR as Accused No.2, hence, now he is trying for Anticipatory bail.
Here, no complaint, no complainant, no victim, no informant, no specific allegation except here-say information from an unknown phone call of the competitors.
No proof of any offence is established in FIR as no single fake marks card/blank certificate/scanner/ printer/ university stamp/etc is seized. Even, the unknown phone call didn’t reveal any of the names appeared in the FIR. But FIR states that my brother’s name is quoted by A1 as the owner of the Institute, but it is false. No cheating is reported by any aggrieved party. Can we quash this fake FIR??
SRAVAN
Asked 1 year ago in Criminal Law from Pune, Maharashtra
Religion: Hindu
1. How is there no complainant? You have yourself stated that a phone call was made to the PS. So the information was provided through the phone call. It is not necessary that there should be a complaint and a complainant. The process of law cannot be circumvented on the ground that there is no complaint made.

2. If the allegation is not supported by proof then the accused will be exonerated by the court. Furthermore, the absence of proof may make it easy for your brother to get the bail. 

3. You can go for quashing of the FIR if the allegations have not been supported with cogent proof. There is a good chance that the case may be quashed and the accused are exonerated by the court.

Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
There is no complainant, but this is not a ground on which the accused can be set free. The case will eventually boil down to the proof in support of the allegations.


Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. You have a good chance to succeed if the allegations are not supported by proof. In the absence of proof the case is likely to crumble like a piece of cards.

2. You can seek the quashing of the FIR.

Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
forgery is committed or not is the matter of trial. police can initiate investigation on mere suspicion but having reason to believe that any cognizable offence is committed. if case is registered under section 467 then police can arrest without warrant. onus is upon you to prove that all that business was legal. so you should file petition under section 482 cr.p.c. and adduce all evidence in your support, if that documents have tend to show that all things are legal then fir will be quashed by the court.
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Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
1. The FIR seems to have no basis to stand on. When your innocence is manifest on the face then you do stand a very good chance of being exonerated by the court. The fact that no money has been confiscated during the raid manifests that there is no proof to back up the allegations.  

2. You are at liberty to seek the quashing. However, you must understand that nobody can foretell the result of the case. In spite of the opinion held by us and your ''advocate friend'' you may not get a favourable judgment from the court. 

3. Do not bank upon SC judgements. Every judgment is a finding only on the facts of the particular case.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
you should collect all the students and file a complaint against the police officer for illegal possession ( decoity) nder section 395 of IPC, extortion of money sec 383, abetment for confession under sec 330 of IPC . their certificates are genuine then they are free to  carry it any where. also file petition for quashing the FIR 
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
1. Police can take action after receiving information even through annonymous phonre calls,

2. Prosecution shall have to produce evidene for all the charges brought against your brother and the Manager,

3. Your brother and other accused shall have to contest the case fittingly,

4. Engage a local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0
1. Police can start investigation on receipt of information even through annonymous phone calls,

2. You better concentrate on the fact that there has been no forgery and cheating conducted by you to negate the said charges brought by the prosecution.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0
1. You are right mere possession of original  educational cerytioficates do not signify act of forgery if you can establish the reason for your possession of the said original certificates to the satisfaction of the Court,

2. On the other side, the prosecution shall have to establish beyound any doubt with adequate evidence that you had done forgery and cheating by using those original educational certificates,

3. The Court will hear both the sides and decide on the matter based on the authenticity of the evidence na dthe supporting arguments.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0
1. You can of course file quash petition but the outcome can not be definitely stated,

2. Normally FIR is not quashed before charge sheet is filed in most of the high courts,

3. If there is definite and irrefuatable proof against the FIR (like submitting copy of passport of the accused evidencing that he was out of the country during the time ofthe alleged offence), such quash petition is entertained by the Court,

4. Your case is not so thoug there is very fair chance of winning it on merit.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0

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