• FIR lodged by a government employee

My brother and my father were bringing garlic from our farmland, and Food inspector enquired about it and asked for rate card. He even took garlic and raddish. Then started misbehaving with my father. Then my brother asked him to return the items and gave his money back. But he had lodged a FIR against my brother saying he had voilent behaviour and he may kill him.
Asked 5 years ago in Criminal Law
Religion: Hindu

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17 Answers

It's a false FIR you can first seek Anticipatory bail from court and then go for quashing of FIR in High court

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

1) file police complaint against police inspector of abusing your father 

 

2) also complaint with his superior in the department regarding abusing your father 

 

Ajay Sethi
Advocate, Mumbai
99798 Answers
8147 Consultations

1. Brother should file Counter FIR, requesting investigation and charge-sheet, for offences like Trespassing, Cheating, Intimidation, Harassment, Extortion, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Let police investigate it and file charge sheet to court. 

Defend your case. Deny all allegation. Prosecution to prove the allegations . Not you. 

Apply for discharge. Court   will decide accordingly .

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Dear Sir,

Such highhandedness of police is on the high due to political support etc. You need to just ignore such incidents. They are black sheep in that department. You have to approach the High Court or any other court and get bail then challenge that FIR and it will quashed definitely. In few days everybody knows the value of a farmer.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. Your father and brother should lodge a counter FIR against him.

2. If police does not lodge FIR on your complaint then get the FIR lodged on court orders.

3. So far as the FIR registered against you is concerned, you have to contest the case on merits,

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

See firstly your brother may seek anticipatory bail from session court to avoid arrest, further he may file a quashing petition before high court to quash the FIR as same is false and fabricated. Along quashing petition an application for stay may be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

I appears that FIR is already registered and if that is so then if the charges are non bailable as it appears then the accused person names in the FIR will have to take bail.

So first get a copy of it and then apply for anticipatory bail .

If the allegations are pirma facie improbable then quashing is an option. 

 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

File a written complaint to the S.P of your area against that police official and file a FIR quash petition in HC

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

File writ in High Court for quash of FIR. Also mention in petition that FIR is filed in vengeance, when your brother refused give him bribe to pass garlic and radish.He even took, garlic and radish.

Kill him charges is baseless and may quash by HC. And stay may grant on investigation till petition is pending before HC.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

- The legal duties of a Food Inspector is to keep of checking the food distributors, processors and manufacturers for compliance of food standards so that the foods remain hygienic and free from any kind of bacteria, and nothing more.

- Hence the act of the said food inspector , lodging an FIR against your brother without any sufficient cause is against the rule of law. 

- Lodge a written complaint against him before the police and high official ,and a copy of the same should be send to the National Human Rights Commission (NHRC) and State Commissions for prevention of violations of human rights.

- If police refuse , then file a complaint before the Magistrate . 

Mohammed Shahzad
Advocate, Delhi
15816 Answers
242 Consultations

An anticipatory bail application must be filed in the court so that they are not arrested.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can file complaint against the concerned Food Inspector who "Misbehaved" with your father.

Write a detailed complaint as to what all transpired on the said day and also mark copy to  ACP, DCP, SP & CP.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

you have to prove the facts in the trial about your innocence.

Rajinder Goyal
Advocate, Chandigarh
111 Answers
1 Consultation

If he has given a complaint, you may convince the police about the incident and express your innocence.

If the police is not listening to you nor dropping the charges, you may first obtain anticipatory bail and then challenge the case properly on merits in the trial proceedings.

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

you can also file a individual complaint case against that officer at your local court to get relief. Or else you can also approach the human right commission  by filing an application for such harassment by a police officer.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Hire a good criminal lawyer to defend case of your brother in court.

2. Complete case be discussed after going through case file and charges Under which the FIR is lodged against your brother. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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