• False case under sections 354 and POSCO act

Hi Experts,
A case was filed against me in 2014 under sections 354,323,452,506,posco act, then IO investigated and submitted a closure report to the court, this is totally fake case and I also have audio proof(call recording) of girls father saying that it's a fake case and they need money for settlement. And even I know it's non compoundable case so they can not withdraw it. And it's been more than three years after police submitted the final report and till now it's pending in session court. Court has not accepted it yet nor rejectet. I am the only earning member of my family. I do not know what to do now? 
 Will session court accept the final report or it will be rejected for further investigation.
Asked 7 years ago in Criminal Law
Religion: Hindu

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15 Answers

It all depends on what is your defence in the case.

How can you say that it is false case as you have not shared the details in your query ?

If you are innocent then first of all send your notice to all the police officers for falsely filing case against you.

Then , you will have to file Petition in High Court for action against the police officers for false case.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

As of you can stay constant as court as not given or taken any decision regarding this, so you better absorb or have wait n watch situation.

Because its totally depends upon judge and pleading and respondents question answer.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear client, you have a good case

1. You can proceed through the trial and you got every right to prove that you’re not guilty

2. While at the trial witnesses as per your statements mentioned it should corroborate to the material facts it’s totally false case as per section 158 of every act.

3. While at the stage cross examination of any witnesses you have to be careful that they would turn hostile or it should be contradictory to the case, it should be favoured towards you, and when you such records or any proof to prove your case you can submit such records to the court and I can assure you that that you will be acquitted.

Koushalya Pattan
Advocate, Bangalore
174 Answers

hello

if the final report has been submitted and the IO has stated that you are innocent, then there is no need to do anything, but if the IO has stated that you are guilty and has submitted a charge sheet then you have to fight this case.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Sir file a quashing petition before the high court to Quash case as since there are direct evidence and police report on the record the high court shall quash the proceedings there after and you will be free from the issue.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Sessions court would most probably accept the final closure report

Court can direct further investigations but chances are bleak

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can ask them to prove all allegation which are raised against you under POCSO Act.

So you can read below para if you are true at your side.

The Act provides for punishment against false complaints or untrue information. It describes strict action against the offender according to the gravity of the offence. It prescribes rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and also fine as punishment for aggravated penetrative sexual assault. It also prescribes punishment to the people who traffic children for sexual purposes.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) the judge can accept the final report and based on that you can file a discharge application.

2) Sir in POSCO cases trial are fast further cheque with court at what stage the matter is and get certified copy of all documents and roj kam of the court .

3. You can go for quashing petition.

Sir the number of times is not prescribed in the law court to its satisfaction can seek investigation in matter.

Sir see sometimes even the good people have to suffer don't loose hope you will be out of this and do not attempt suicide of any such act as you should think of family behind you and further this will get over in some time.file a quashing petition and pursue same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear client,

1. You can go for quashing proceedings under section 482 of crpc and there are some of the authorities which would support your case along with supportive evidence.

a) Madhya Pradesh High Court

Tejbhan Singh @ Jitu vs The State Of Madhya Pradesh on 5 November, 2015

b) Hon’ble Supreme Court decision

DR. SR. TESSY JOSE AND OTHERS

VERSUS

STATE OF KERALA

Evidence should be such which should at least indicate grave suspicion. Mere likelihood of suspicion cannot be the reason to charge a person for an offence.’

Koushalya Pattan
Advocate, Bangalore
174 Answers

Hello,

In all probabilities it will be accepted,

You may now approach the HC for further direction on the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You may find out from the court that FR has been accepted or not, because at the time of accepting the FR you will not be called to the court.

Also, if it has not been accepted then you may approach the HC for getting the FIR quashed.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

the judge may/may not accept the report. the time duration cannot be stated. A petition for quashing should be filed so as to remove the stigma. there is no such restriction in the Criminal law for rejection.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. IF Police has filed "closure report" in your favor .AND. "IF" nobody (including the complainant) has NOT objected to the same, THEN the court will dismiss the case. There cannot be any worry on this front. This might take time which depends on the pending cases in the court.

2. ALTERNATIVELY, IF you are in a hurry, you may move application before the HC, to quash the case, based on the available facts.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

It depends on the discretion of the court to accept or not the closure report submitted by the police.

In a stinging observation that could worry many an accused who has got a clean chit from the police, including Italian businessman Ottavio Quattrocchi in the Bofors payoff case, the Supreme Court said closure report filed by police after investigating a complaint was no guarantee against further prosecution of the same charges.

If the closure report submitted by the police to the court is accepted as final then it will create serious anomaly in the judicial delivery system, observed by supreme court.

The supreme court added that a closure report by the police cannot be an end of the prosecution. A party aggrieved by the police report can always file a complaint before magistrate narrating the identical charges. If he can prove the allegations with the help of witnesses and their statements following the laid down procedure, then .then despite the closure report, there can be prosecution."

"If the closure report by police is accepted as gospel truth, then police will become the final authority on people's grievances and complaints.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1)what may be the outcome of the case. Judge can accept the final report submitted by IO or not.

It is not necessary the court has to accept the closure report, it may order suomotu further investigation.

And 2)how much time it can take in court. Bcoz its been almost three years. And court has not summoned me yet for trial. M not sure if trials are necessary in such cases as final report has been submitted.

The court may reject the closure report and order fro fresh investigation also, it is the discretion of court,hence as an accused you cannot pressurise the court for this.

3) should I just wait and watch or should I file quash petition in high court. M not filing a quash petition just become we have a hope that session court will accept the final report.. And last question is how many times a judge can reject the final report submitted by IO for the same case..

The court once rejected then the police has to re-investigate the matter and send a fresh report, if this report is also unsatisfactory then the court may order for trial of the case on its own or may even pass an order for re-investigation by a different agency.

Once the police has filed a closure report it is not advisable to approach high court with a quash petition, this may prove fatal to your own case.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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