• Intentional harassment by submission of fake and forged complaints

With reference to the above subject, I am a Women Govt Medical Officer, 10 Years in Service. From 2016 there is a dispute in my parental Family. Since my mother's demise, my brother who had deserted home 20 years back returned on pretext of carrying out Rituals. Slowly My brother brainwashed my Father and one fine day, My brother & my relatives assaulted me when i visited my mothers house. So I filed a complaint to jurisdiction police station. FIR was filed & two witnesses submitted statement favoring me one of them being my Departmental Officer's Husband.

So the culprits (My brother, Relatives & father) they intentionally tried to submit false affidavit to local corporation to get my mother's property into their name by hiding my rights stating only father and my brother are the left family of my demised mother. So I bought Stay and pending Suit is there at Civil Court.So they started filing false FIRs at Two Police Stations including my Witnesses Wife names. I got Stay at High Court for Both the FIRs u/s 482 of CrPC with due process for Quashing. 

So these Culprits started submitting False Complaints to my Department. First Complaint stating "The said Officer has FIR registered in her name at Two Police Stations, so Dismiss her from Service". Befitting Reply was submitted to the Department stating the said complaint is biased and the Complainant(Culprits) have concealed the High Court Stay Order which is contempt of Court. So the Department closed the case saying, the complaint is Private & Personal in nature and out of Jurisdiction as the case is Court Matter.

Enraged by this the Culprits filed Second Complaint to same Department to another Section which included same complaint matter by including my Departmental Officer, whose husband was prime witness in my FIR against the Culprits. This time they submitted stating false accusations generalizing that this officer does not work properly and has FIRs so please dismiss from service. The same was again closed by the Govt Department stating irrelevant complaint.

Now once again they have submitted Third Complaint, with False, Fabricated Documents which contains that my superiors have written complaints on me to take action. All these letters were found to be fake when I applied for Certified copies through RTI for checking genuinity of the enclosure they had attached in their complaint.

So, I wanted to know that, because these culprits are trying to Defame me in my Govt Department & causing me huge mental harassment in order to prevent me from discharging my duty, can I file a PCR invoking IPC u/s 499, 500, 192, 182, 211, 200, 186, 228, 503 along with a Petition for Contempt of Court Sec 20 as they are submitting Concealed facts on FIR that the High Court has stayed and for trying to intimidate my Witnesses and to hamper the Court Proceedings.

Also can I file an Injunction Petition to restrain them from submitting false complaints to damage my reputation ?. Please guide me
Asked 7 years ago in Criminal Law
Religion: Hindu

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7 Answers

1. Yes, you have thought of right decision or course of action .

2. In the series of cases filed against you, it is important that you also take counter measures against them. Sword is more important than shield.

3. So without further delay file the cases as you have mentioned and take this forward expeditiously so then think twice in future to bring false accusations against you.

4. Anti suit injunction that you are thinking of is very difficult to get and not possible in the present circumstances.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

hello

         a case of multiple FIRs and complaints and a stay order. first of all, how can they meddle in the departments' affairs and advise them on their internal matters? the department rightly dismissed the same. they have many times submitted false complaints and info and therefore have tried to malign your reputation. file a case of criminal contempt against them in the HC and a case of defamation.

the injunction cannot be granted as the falsity of the complaint has to be decided by the authority /court concerned and before that nobody can be stopped from submitting complaints. but rest of your case is legally sound and you should demand adequate compensation and try to expedite the matter of partition of property.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can file PCR under various sections but not all.

However you cannot file any injunction suit to restrain them from submitting false complaints against you until they file one and it is proved as false.

T Kalaiselvan
Advocate, Vellore
89994 Answers
2495 Consultations

See file an interim application before the high court for contempt and time and again filing false complaint in the department this will benifit your quashing case also further high court can issue direction.

Further a defamation case can be filed against them along with suit that they are defaming you but in case nature of complaint are private to individual officer then it won't constitute the offence of defamation. Further rcomplaint under 182 ipc can be filed against them.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

file complaint of criminal defamation against culprits under section 500 of IPC for maligning your reputation 

 

2) also file civil suit for damages and claim compensation for maligning your reputation 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

File the PCR and a separate petition for contempt of court.

Along with this, since they have also included your departmental officer, ask her to file a similar complaint as well.

Also, see if you can do something in the Ulsoor Gate Women's Police Station. Either you may approach the court for defamation and the police for false complaint and fake documents. This way, you can have two or more cases than having a single one.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

Dear Madam 

You can file the proposed complaints but be sure that your advocate did not leave in the middle. secondly you will get justice in higher courts. Have patience and start legal fight. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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