File petition in HC fir quashing of FIR
2)draw attention of court to fact that father has no connection with uncle business and on uncle death has not inherited any property from uncle
False FIR in other city for fraud. What to do?
My father's late elder brother ( my tauji) n he both have same construction profession. Father in MP, Tauji in Orissa. He died in 2016. My father resides in MP. After his death my father went there to bring his body n family back to MP. Later that year one of tauji's company customer filed false case against my father that he has taken over tauji's company n he isn't returning customers calls which was false( since my father is no where related to his company) Police came n arrested my father ignoring the fact that he's nowhere related to tauji's company. His fault just being his real brother n being in the same profession. He faced jail time for a fortnight n was only released in court on bail when we paid the customers money ( which we had no responsibility of). That case is still not closed. Now another customer is doing the same n an FIR is filed against him & he's being forced by police to come to other state again. What I want to know is, is there any way we can file a complaint in MP n under what sections to stop this injustice.
Asked 6 years ago in Criminal Law
Religion: Hindu
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16 Answers
Hello,
You can not file a complaint in MP.
You may go ahead and file a writ in the HC and get the FIR quashed since the same is being filed to wreak vengeance and for some ulterior motive.
Regards
You no need to go to police of other state. They can not arrest you.
Local police only can arrest you if some cognizable offence is committed by you.
This is the protocol.
Transit warrent to be issued my magistrate having jurisdiction of local police station.
1. It appears that FIR is registered and if that is so then first action to be taken is to ensure his bail asap.
2. Without knowing the content of the FIR no further action can be taken.
3. Apply for anticipatory bail for all other persons who are mentioned in the FIR but has not been arrested as yet.
4. if the case is absoltely false then there should ot be any problem to get bail.
1. See in case the person give complaint in the Orissa for same you have to take an bail in Orissa and further in case FIR is filed you need to file quashing petition before the high court of Orissa, further for previously filed FIR you can also go for quashing petition.
First you can check what type of company was running by your tauji and find all his books of accounts, check all debtors and creditors from his books of accounts and bank statement.
On that basis you can make complaints in the MP and file complain against them who soever are trying to trouble your father.
YOUR FATHER CAN NOT BE ARRESTED FOR HIS BROTHER CRIMINAL ACTIVITY AND IF ANYWAY YOUR FATHER ARREST THEN YOU ARE WRONGLY RESTTAINED BY THE POLICE AND THE SAME ACT IS AGAINST THE LAW AND YOU MAY FILE A WRIT APPLICATION BEFORE THE HIGH COURT FOR PROPER RELIEF AND ACTIVITY
First take Anticipatory bail. Then file case of false prosecution against them. Later you can file defamation against them
We tried to show that my father does not have any connection with tauji's company by providing company MOA & other documents which shows that he's not a shareholder, any post bearer n not even residing there in last 30 years in court as well as to police but the customer there have bribed the investigating officer I suppose since even after furnishing these in our statement to police, the police furnished report to the court stating that prime facie they find my father involved. Due to which even after paying more than full amount to customer 1 , the police have not closed the case till today n not father is still out on bail. What can we do? We don't belong from there, dont know anybody there, the customer 2 have set the police there, who are acting as their puppet. If we go there again the court may detain my father again on wrong report by police n customer 2 also may try to extort money be creating such illegal pressure. Please provide me sections by which I can prosecute them here.
Asked 6 years ago
Any case has to be filed in city where offence has been registered against your father
2) he can file complaint of criminal defamation against the complainant under section 500 of IPC
3) also file complaint against IO before commissioner of police for acting in collusion with complainant
4) file petition in HC for quashing of FIR
Filling police complaint is no crime.
You need to face the trial. You can complain to court in writing of making false charges with intent to cause injury to the defendant u/s 211 IPC. Court may take cognizance of same and proceed accordingly.
See police cannot close the criminal case file for quashing of same or lower court may compound if the offence is compoundable.
See you cannot prosecute them here as of now you need to get both FIR quashed, anticipatory bail in the 2nd FIR/ complaint to avoid arrest.
you may go for anticipatory bail to protect yourself from the arrest then you argu on charge frame against you for discharge. if you acquittal in the case than you can file defamation case against the complainant.
Your father has been held as an accused in that state and since one by one the customers are lining up to hold your father responsible for the amounts due to them, your father has to answer them or else he will once again be arrested, instead he may file a petition in the high court seeking not to arrest direction to police on the basis of false complaints by known and unknown customers in future and to direct them to follow the civil law for recovery, if any.
Your father cannot file any case in MP for this.
In such events your father can approach high court with a petition under section 482 cr.p.c. to quash the pending criminal case for the reasons you rely upon and also to seek to not to arrest based on the false information furnished by the customer.
You can prosecute them for defamation and false prosecution once your case is over
- As per the information mentioned in the present query, makes it clear that your father has been made a soft target to grab the money from him time and again.
- You can appoint a lawyer there and ask him to file an application of Anticipatory Bail on the ground of apprehension of getting arrested.
- In this way, your father might get bail and then he doesn’t have to go there and can contest the case from here only.
- He will have to be there in court only on dates, but he won’t be arrested for sure as he would be on bail.
