• Harassment by police

Police authority has registered bogus FIR against me on 3.8.2018 for fast car driving . Actually I had not fastened seat belt hence was fined for the same. But when I see that many car drivers who had not fastened seat belts and were known to the police were letting go without fine. Hence I had complained verbally to the police at the time but they misbehaved with me. Hence I shooted video in my mobile phone regarding a policeman talking a biker who had not wear helmet and letting him go without fine(I have the recording till now). A policeman seized my mobile and took me to police station and PSI of police station slapped me and insulted and lodged fake FIR as mentioned above. I had not lodge complaint against the police due to fear that they may harm me anyway and can trap me in other fake case. I have video recording and a receipt of fine for non fastening seat belt. I would like to complaint Chief Minister in the matter with all proofs. I was kept in police custody for whole night I was brought arrested by police at about 1900 hrs but my family was not informed till 2200 hrs.

Pl guide me in the matter. I would also like to know whether police can file case against me for shooting video as mentioned above if I file complaint against them? Whether after can I lodge complaint now as 6 months of the incident has already been passed.
Asked 2 months ago in Criminal Law from Porbandar, Gujarat
Religion: Hindu

Please try to understand that you cannot create Benchmarks by seeing others . If any police officer catches you and books you it is always your fault and you cannot give the precedence as others are doing so but in case you are facing any problem from the police harassment then you can file a petition in High Court to get order for the police that not to harass you but in case you are approaching to the court please make sure that you are going with clean hand

Vimlesh Prasad Mishra
Advocate, Lucknow
4708 Answers
11 Consultations

4.9 on 5.0

Dear Client,

Is any FIR file or you booked for a day u/s 151 Crpc. Provide clip to media, rest destruction will done by itself. No criminal offense for recording in public. You are delaying the issue, process it now.

Yogendra Singh Rajawat
Advocate, Jaipur
8886 Answers
8 Consultations

4.7 on 5.0

You can file a writ petition in HC for illegal detention and false FIR

Prashant Nayak
Advocate, Mumbai
7054 Answers
7 Consultations

4.8 on 5.0

Hello,

You may approach the HC directly under article 226 i.e., the extra ordinary jurisdiction and may ask the court to stay the FIR and order investigation on the same. The said is the violation of your right to life and liberty as guaranteed under article 21 of the Constitution of India and as such at the earliest you must approach the HC and not the office of the Chief Minister. 


Regards 

Anilesh Tewari
Advocate, New Delhi
14897 Answers
209 Consultations

5.0 on 5.0

1. Well, no one including the police officer has power to physically assault a person which include the accused person as well.

2. So what the police officer did was illegal fro which a FIR u/s 323, 506 IPC can be registered against him.

3. You have hence right to lodge complaint against him and the local police does not register FIR you can file petition u/s 156(3) crpc on which basis the Magistrate can direct the Police to treat the petition as FIR.

Devajyoti Barman
Advocate, Kolkata
16036 Answers
221 Consultations

5.0 on 5.0

Complain to commissioner of police against police inspector for having lodged false FIR against you of rash and negligent driving 

 

you can also file for quashing in FIR in HC 

Ajay Sethi
Advocate, Mumbai
59705 Answers
3613 Consultations

5.0 on 5.0

Hi,

You have a strong case against the policeman taking the bribe and on that basis, you may get your FIR quashed also. You need to move further strongly against police and without fear. 

Ganesh Singh
Advocate, Delhi
2516 Answers
5 Consultations

4.5 on 5.0

Sir file a quashing petition before the high court for quashing of FIR for fast driving agaisnt you as it was false, further also.file a petition to register FIR agaisnt concerned police officials for harrasment beating false FIR abuse of there power. The high court shall set up inquiry and pass appropriate orders 

Shubham Jhajharia
Advocate, Ahmedabad
14127 Answers
57 Consultations

5.0 on 5.0

You dont have to make a complaint to the chief minister, it will not be effective.

Instead you can approach the State human rights commission with a complaint against the culprit policemen.

You can produce all the evidences in your possession to make the case more effective.

Take the assistance of an advocate for preparing the complaint and approaching the human rights commission of your state.

T Kalaiselvan
Advocate, Vellore
49841 Answers
590 Consultations

5.0 on 5.0

you can make a written complain or Online complaint to the NHRC or State human right commission that the police is being biased or corrupt.

Mohammed Mujeeb
Advocate, Hyderabad
6203 Answers
3 Consultations

4.5 on 5.0

1. Complaining to CM will be an exercise in futility.

2. File a criminal complaint under Section 156(3) Cr.P.C in the court of jurisdictional magistrate to order the registration of FIR against police officials for the commission of offences punishable under Section 323 and 341 IPC.

 

Ashish Davessar
Advocate, Jaipur
25653 Answers
730 Consultations

5.0 on 5.0

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