• Forgery and cheating u/s 468

AN F.I.R HAS BEEN REGISTERED AGAINST ME THAT I HAVE OBTAINED DRUG LICENSE IN 2016 BY SUBMITTING A FORGE DOCUMENT OF n.o.c in the name of my land lord.
which is a false accusation against me, i have never done such act. Can the I.O OF THIS COMPLAINT arrest me on just a false complaint ,without recovering any such documents from the named department as per complaint? the complainant is a recorded tenant of a shop under municipality property and i have been given the shop room by her on license for 11 month in DEC 2015. after expiry of the term same has been extended without written agreement now the complainant want to evict me without due process of law and has filed the complain to harass me.
pls guid me.
Asked 5 years ago in Criminal Law
Religion: Muslim

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22 Answers

No the police cannot arrest you without evidence and serving 41a notice, during covid times the landlord needs to show valid reasons to evict you, i can give you back up

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

I- First and foremost action is that you have to approach Sessions Court for the grant of Anticipatory Bail Application .After bail then scrutinize the copy of FIR for next steps. 

NEXT STEPS:- 

II-Please go through the contents of FIR which would lead to understand the ground for defamation case against your opponents.

III-Please issue legal notice to your opponents for withdrawal of fake and false allegations against you contained in FIR otherwise face defamation case. 

IV-Please file an application for the quashing of FIR under section 482 Cr. P. C. 1973 before Kolkata High Court. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. If a complaint has been filed and FIR registered thereon then IO is free to arrest you.

2. Apply for anticipatory bail immediately.

3. Unless the case against you is dismissed as false you have no cause of action to file a defamation case against complainant.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1) there is no automatic arrest 

 

2) police would issue you notice to record your statement 

 

3) you can apply for and obtain Anticipatory bail from sessions court 

 

4) file complaint of criminal defamation against complainant under section 500 of IPC before magistrate 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Contact a local lawyer 

 

file complaint before magistrate under section 500  of IPC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Relax.  Don't panic and act wisely.  

You first need to apply for bail. Once the anticipatory bail is allowed your predicament goes. 

From the information you supplied I am confident to get bail from you. 

Therefore you may feel free to contact for bail from High court. 

After bail several recourse including defamation can be thought of. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Whether a document is forged or not can be determined only by a registered hand-writing signature expert, that too ONLY after court issues order to the expert.  Upto this time such document cannot be said to be forged.

2. Further the complaint can also be termed as legally infructuous since the complainant has complained only after 5 years, which would in court portray his malafied intentions for purposes of evicting you.

3. Till court issues order in your favor you do not have any cause to file any criminal complaint against landlord /complainant.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If your above FIR is disposed off and you got acquitted, quashed or discharged then you can file defamation against him

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

If there's a FIR registered against you,  then it would be better that you obtain AB immediately,  because the police are empowered to arrest you if there's a FIR pending against you. 

You can challenge the false case during trial proceedings of the case before the trial court properly with the help of a skilled lawyer. 

Now you have to protect your interests. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

After having proved her allegations as false,  you have a platform from where you can file a defamation suit as well as a defamation criminal complaint against her. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

A tenant cannot lease out the property to someone else if it is not mentioned in the lease agreement of first tenant with the original owner.

It is that you were issued a noc from the tenant the noc is invalid.

You should initiate a case of fraud against the first tenant and the owner. 

Arrest will not be initiated before proper investigation 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

- As per the Section 468 IPC , whoever commits forgery, intending that the 1[document or electronic record forged] shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

- It is non bailable offence , hence you should try to take anticipatory bail from the session court , otherwise I.O. can arrest you under this offence. 

- Since there is already an FIR lodged , then you an produce the proof of your staying in the tenanted premises before the court or the I.O. as well. 

- Further, as the said landlord wanted to evict you , then you can file a suit for Permanent Injunction against the said landlord to get stay order from the court .

- A defamation case is not made out , until you prove to be innocent. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You can file petition in high court to quash FIR and simultaneously can file defamation case.

No arrest without recovering the forged document.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Police will issue 41A notice directing the person against whom a reasonable complaint has been made or credible information has been received to appear before him. 

Contact local lawyer and apply Anticipatory bail. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

charges were not proved against you.obtain the certified copy of fir and the charge sheet which was submitted by the police as well as prepare the documents and witness in support of you. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

File an application for anticipatory bail.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

That is a completely false statement if you have the lease deed. Show them the deed and that you are living since 2015.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

A criminal or a civil defamation case can be filed immediately.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Yes you can be arrested but not without report from writing expert.

2. You should apply for anticipatory bail before sessions judge.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. Section 468 of IPC is non bailable and also non compoundable.

 

2. Since FIR has already been registered, police can arrest you for interrogation.

 

3. So, avail anticipatory bail from the Court at the first instance and thereafter contest the FIR case fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You can file the defamation suit after the allegation leveled by your land lord is prove to be false before the Court of law.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

  1. As per the information mentioned in the present query, makes it clear that a FIR has been registered against you and that too is a false one.
  2. I would like to apprise you that it is right that the IO has a right to arrest you either with or without warrant in cases like the present ones.
  3. You should first exhaust to take the Anticipatory Bail from the court of criminal law.
  4. And yes, you can file the cross case of false allegations rather than going for the defamation.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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