• False 498a, 313 IPC 34, 3&4 DP

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Dear Sir,

I have filled RCR on July 2018 & withdrawn on May 2019 due to her father is Sr advocate & influencing my lawyers & court staffs.

After she complaint at women PS & after Women PS counselling, they Filled false FIR u/s 498a,313 IPC 34, 3&4 DP against A1(me),A2,A3,A4 (Sisters & Mother).

1) Women PS counselling on 10th June 2020, DSP blackmailed that he will file non-bailable case.
 Q-How can i complaint on him, as i don't have evidence of his voice recording etc. 
 Can file RTI to DGP to get counselling CCTV recordings ?

2)27th June 2020-They Filed false FIR u/s 498a,313 IPC 34, 3&4 DP. and FIR not able to download from their office website. I filled RTI on L& L urgency ,reply that "Investigation in process".
In PS they were not giving FIR certified copy.

3)We got FIR number & filled Anticipatory Bail appl e-filling at District court on 30th July 2020 for A1.
We have identified that 313 ipc iallegations not mentioned in her RCR counter application & we filled this point in A1 AB application.
Then DSP immediately edited FIR & modified the 313 ipc allegation to after RCR withdrawn date ( i.e RCR withdrawn on May 2019, DSP edited 313 ipc date to SEP 2019). And her father provided fake miscarriage medical certificates.

Q-Can i file complaint at cyber crime on DSP hiding FIR & editing FIR ?

4)Actually Police filled FIR on 27th Jule 2020 & they never communicated to me. But they arrested A2,A3,A4 (Sisters & Mother) before the one day of A1 Bail order date with out any notice.
Q-Is this is illegal arrest & how can i get bail for A2,3,4 as her father influencing the court staff & judge.

5) A2,A3,A4 were in remand for 15 days & still their Bail appl not moving in court from last 12 days.
Q-After 15 days of remand ,Cops will release or renewal the remand again ?
Q-If they renewal the remand again,how can i counter ?

6) A2,A3,A4 having old age elements like BP,Heart problems.
Q-How can i get them join to hospital ?
Q-How can i complaint to the concerned judge & Human right activist ?

All of my advocates are not helpful,because of her father influence,i have to change my advocates frequently.
Asked 3 years ago in Criminal Law
Religion: Hindu

2 answers received in 1 hour.

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24 Answers

1) there is no evidence against DSP 

 

2) if FIR is filed there is no automatic arrest 

 

3) police has to issue to you notice to record your statements 

 

4) if arrest has been done without issue of notice complain against the said officers 

 

5) apply for bail of the arrested persons 

 

6) generally accused would be released on expiry of remand 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

You approach District legal services authority and State legal services Authority to seek Advocate to appear before Sessions Court and High Courts for appropriate order. 

I would suggest you to file writ petition before High Court under Articles 226 and 227 impleading POLICE STATION ,DSP AND FATHER OF YOUR WIFE for direction under writ of Mandamus directing all of them to provide you all information, papers, copy of FIR to file quashing of FIR application before High Court.

This is your remedial source, Please pursue it as soon as possible. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. If there was extra judicial means adopted by the Police then complaint can be lodged with higher officials of police. 

2. You can get certified copy of the FIR from the court. 

3. Yes. You can lodge complaint with Cyber Cell and higher officials of police. 

4. In non bailable offence the police can automatically arrest the accused persons though in such cases arrest is very rare. 

5. File bail petition in high court under section 439 croc.

6. This is good ground of bail. Engage a good advocate. 

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

  1. Yes, you can file application under RTI Act.
  2. First all of you obtain Bail. If PS is not furnishing copy of FIR then  write to them under Regd. Post Ack. Due seeking copy of the FIR.
  3. Obtain certified copies of the same, you can initiate criminal proceedings against the Doctor / Hospital for giving fake certificate. Yes based on RTI application you can move Writ Petition against all concerned more particularly seeking direction against DSP etc.
  4. No, it is not valid, first they have to issue 41-A notice thereafter, it will come into picture. If it is done without following procedure, all of them are liable for punishment.
  5. You make representation before court by seeking urgent motion through your advocate. If it is not taken up, you move High Court with the background against all concerned.
  6. Using the medical report, make on line complaint.

Lodge on line complaint with SP, CP, Home Minister, Chief Judge of High Court, Chief Judge of Supreme Court, State Human Rights Commission & National Human Rights Commission by highlighting the above points and supporting documents and the mischief played by concerned officials etc. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. You cannot get any information you desire to obtain from the DSP office, they may give blank details which may not be of any use.

If at all they are registering non bailable offences, don't worry, you can obtain anticipatory bail and then challenge their false case in the trial proceedings.

The DSP cannot extend his power beyond the police station, when the case comes up for trial before the trial court you can challenge the same through your advocate.

2.  If the FIR is registered, you can get a certified copy from the court itself, you do not have to depend on the police station, you contact your advocate who will apply for copy of FIR through court.

3. The alteration in the FIR is a advantageous point for you in the trail proceedings.

No case in the cyber crime against the DSP is maintainable, your complaint would not be entertained, you will be asked to fight it out before the trial proceedings, prove that there was an alteration through court order and then file this complaint.

Hence don't have such fancy ideas.

4. If other accused have been arrested and remanded to judicial custody, you may have to file a regular bail application to get them enlarged on bail.

If the trial court rejects the bail application, you can approach district court or high court with a similar application.

5. The extension  of remand cannot be countered, you have to follow up your bail application through your advocate, if your advocate is not cooperating then change the advocate.

6. They may have to give an application to the jail authorities to refer them to the hospital for getting treatment to their ailments.

You cannot do anything about it from outside.

No human rights commission will interfere in this routine matter.

 

You can bring an advocate from outstation if the local advocates are not cooperating

 

 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

1. No, legally DGP is not authorise to interfere in the proceedings done by the women cell, but you can lodge your complaint separately against them

2. Legally the police official is bond to provide one copy of the FIR to the accused , however you can also get the same from the court as well. 

3. Yes 

4. Yes , it is illegal to arrest without informing that an FIR has already lodged against them. They can approach session court for getting bail on the ground that they are harassed only due to being relative of husband , and having no role . 

5. No, these offences are not heinous in nature. 

6. They deserve to get bail on the ground of old age .

-  As per Supreme Court, the police is duty bound to verify the genuineness of the complaints before registering it, 

- Further, Supreme Court in the matter of K.Srinivas vs K.Sunita (2014) 16 SCC 34.  held that if a false criminal complaint is preferred by either spouse it would undoubtedly constitute matrimonial cruelty and would entitle the other spouse to claim a divorce

- Hence for making your case stronger and to teach her a lesson, you and your family can file following sections of the Indian Penal Code:

1 .under Section 120 B- Punishment for criminal conspiracy in which you can allege the conspiratorial nature of your wife's complaint 

2. under Section 182- Since the police is not following the Supreme court direction, and without verifying the genuineness of her complaints, lodged FIR against you and your family, hence it is clear that the police, in this case, is acting on false information and using his lawful power to cause harm to you, so the police is also accused for the same.  

3. Section 191- Under this section, any person who gives false evidence to the Court or to the police is liable to be charged for giving false evidence, which if proven, can dismiss the whole case filed by her. 

5. Section 500: - your family members can file a defamation suit against your wife  on the ground of that , due to her multiple filing of cases has created a bad name for you in the society at large.

- Further , the Supreme Court has held that filing false criminal complaint and making baseless allegations against spouse amounted to cruelty to life partner under Hindu Marriage Act and divorce could be granted on that ground

- Further being a woman, you mother can also lodge her complaint for the harassment and mental torture against your wife under the provision of Domestic Violence Act .

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

You can File an RTI Applicantion and obtain a CCTV footage by filing an offline or online RTI Application.

you can get certified copy of the FIR from the  concern court. 

Magistrate and without a warrant, arrest any person;

Any police officer may without an order from a Magistrate and without a warrant, arrest any person. 

who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists. 

When the application of bail is rejected by the Court of Session, then a fresh application can be made in the High Court.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

A transfer application must be filed in the high court if you want it to be transferred within the state or a transfer application to the supreme  court if out of the state.

This should be done stating all the issues.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. You can try in rti for recording but they will deny it saying investigation pending

2.You can get FIR copy in court. 

3.bring the fact of fake medical certificate in court. 

Yes you can complaint to cyber crime about fraudulent activities

They need to give you 41 A crpc notice before arrest ot calling for inquiry.  You can file writ petition against such police officers for seeking action

5 defence lawyer can counter the custody if not required in this case

You need to file a separate complaint to human rights for the same

 

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Dear Sir,

You are passing through a crucial stage of life and hence first of all suggested to have mental and emotional courage to deal with the problem. You are sure to win and being senior advocate, you father in law can only influence some lawyers or court staff, but he can't buy the law and justice. You are suggested to engage some strong advocate of some other bar so that he is not influenced or pressurised by him or his hencemen. Regarding changes in the FIR, it is suggested that the copy of the FIR is sent to the concerned magistrate within 24 hours of the registration of the FIR and hence, you are suggested to get the case file inspected through your advocate at the office of the concerned magistrate and also get the certified copy of the complete file there. Though, it will be cost bearing a bit but you get the complete picture and misdeed done by the police. Regarding black mailing and threat by DSP, you are suggested to submit the facts in all the petitions because it will be nearly impossible to get the said fact through RTI. After getting of copies of the FIR, you are suggested to complaint to the cyber crime, DGP, Home ministry of State and Central Govt., Human Right Commission in writing through registered post as well as online complaint, email etc. Also, apply for the bail of the sisters and mother giving all the facts of the cases including ailments of father and their medical treatment etc, and don't wait for the remand etc. It is sure that they will be granted the bail. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

  1. Option not available.

  2. Copy of FIR is right of accused. Complain to DGP/commissioner.
  3. Modification not possible, DSP may loose job if proved.
  4. Arrest is illegal. Police should have issued notice.
  5. Remand for 15 days in matrimonial case, this is insane. No further possible.
  6. Press for regular bail in court.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

1. No you cannot complaint against DSP statement that he will make non bailable case against you. 

2. Police cannot refuse to give copy of FIR to accused if you are ready to pay applicable fees. You can hire an advocate to arrange copy of FIR for you. 

3. Yes you can make complaint against DSP for changes in FIR after filing of anticipatory bail.

4. No arrest is not illegal you should file bail application for accused A2, A3 and A4.

5. If sessions court dismiss bail application then approach high court.

6. They must be in judicial custody because remand for 15 days is not feasible. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Yes you can file a complaint with the cyber cell .

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Quashing is to be done only in exceptional circumstances 

 

2) if allegations made in FIR do not disclose commission of offence FIR can be quashed by HC 

 

3) the fact that no date , no place mentioned in FIR would be in your favour 

 

4) you can requestSCto transfer case to another court in another state 

 

5) it is not in your interest to have case in same  state if her father is political leader 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

1. This depends upon the grounds which shows that no case made out etc .

2. If the FIR shows no case made out and commission of the offence 

3. There is probability but without going through the details of the case one cannot give suggestion 

4.  You can submit the same before the court and prayed for a fair trial , and further can proceed Supreme Court for transfer of the case .

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

Dear Sir,

it is suggested that you have the mental courage and be bold enough to get the case transferred to another district or state through appropriate applications to High Court/Supreme Court. The facts mentioned by you have clear indications that the case is being mismanaged by your in-laws and you will not have any fair trial at that place. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1.  You may see the factors that are involved in this  and look for the grounds that you rely upon to file the quash petition under section 482 cr.p.c. before high court.

2.  Yes, why not, there have been plenty of such cases where the FIRs on false cases have been quashed by high courts.

3. You may discuss wit your advocate and ascertain the possibilities to quash your case.

4. For your information this case shall not be prosecuted by your father in law even though he may be a senior advocate.

It is a state prosecuted case to be conducted by police through assistant public prosecutor.

Hence your reasoning to get the case transferred to some other district may not be entertained because your advocate father in law can even travel to that district to influence the assistant public prosecutor in that court, so it is a never ending matter, however you may await the filing of charge sheet and file a  petition to quash the charge sheet on the same grounds besides other grounds.

 

 

 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

Dear sir, 

You may proceed for quashing. Do engage a good advocate but don't fully rely on him as he may be influenced her father. Do engage yourself with advocate at all stage of his activities and appear in Court at dates of hearing. Also, if possible, engage an advocate from other bar who may not be influenced by your father in law. Remember case drafted well and handled well sure to bring success. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Wait for police investigation to be completed and charge sheet filed 

 

then based on legal advice file for quashing innHC 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

The miscarriage as alleged by the woman has to be proved. If it cannot be proved then it didn't happen. She has to have medical records as nowadays every hospital has them. Moreover, if she has mentioned the wrong dates then good for you. You should move a discharge application before the trial court and ask for dismissal of the case.

If he rejects the application file a criminal revision.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If the charges haven't been framed yet then file a petition for quashing of the fir/chargesheet.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You may better wait for the police to file the charge sheet before court and go through the version,  contradictions. 

You can decide about filing quash petition after ascertaining proper details and found to be fit case for quash. 

The details what you have mentioned would be useful for challenging the case in trial proceedings. 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

You need to take a detailed advice about grounds. The same can be only done by detailed study of your case. 

Sir,
If you need any further assistance.You can approach me through Kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

- Yes, you can approach the High court for quashing the FIR on the ground of miscarriage date and other information as you hive mentioned. 

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

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