Can we quash this baseless FIR?
CAN WE QUASH THIS BASELESS FIR??
Ours is a coaching Institute in Pune, run by an Educational Society (Regd.). 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 higher education 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??
Asked in Criminal Law from Pune, Maharashtra
Yes, you can approach the high court for quashing FIR.Before approaching the high court you take a copy of FIR from concern magistrate court and read the contents about the
1.who is the complainant?
2.The allegations raised in FIR
1.No complainant except an unknown informant by a un revealed telephone.
2.Allegations are fake certificates are being sold at that institute,but no proof for the alleged offence
Asked 2 years ago
If an informer refuses to sign the F. I. R. he is guilty of offence u / s 1 80 Indian Penal Code which is as follows..-
'Whoever refuse to sign on any statement made by him, when required to sign that statement by a public servant, legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both".
WHAT ABOUT F.I.R. ON TELEPHONE?
Legally a case may not be registered
(a) as there is always a doubt about its authenticity
(b) as it does not satisfy the tests of Section 154 Criminal Procedure Code being not an oral statement reduced into writing; read over, admitted correct and signed by the informer. Message to the police on telephone that an injured person was lying amount to FIR (Sukharam Vs. State of Maharashtra (1969) 3 SCC, 730.
if no offence is constituted on the evidence collected by the police officer and FIR is registered then you can approach the High Court under section 482 cr.p.c for quashing of FIR. in state of west bengal vs swapn kumar guha , sumpreme court has held that the commission of such offence. If that condition is satisfied, the investigation must go on otherwise liable to be quashed.
police is not under obligation to disclose that from where he got information(section 125 evidence act)
1. As already opined in the other thread, if the allegations are not backed by any substantive proof then the case has no legs to stand on. So the FIR may be quashed.
2. You are free to move for quashing of FIR.
1. Police can start investigation on rceipt of information even through annonymous phone call,
2. You shall have to contest the case by claiming sibmission of evidence in support of the prosecution charges,
3. It is prematured to apply for quash petition,
4. At least wait till the charge sheet is filed.
1. Police can file FIR after conducting investigation even on receipt of annonymous phone call,
2. The prosecution shall have to submit evidence in support of the charges brought against the accused to prove the charges,
3. If the prosecution fails to submit irrefutable evidence then the accused will be exhonerated.