• False complaint filed in chargesheet

I was accused in a case under ipc306,police investigated the case and came to conclusion that i am innocent and reported it false complaint to court.
Now to harass me they filed protest petetion inorder to drag me to trials.
what are remidies for this situation.They dont have any evidences against me.
Can i directly go to high court?
Asked 5 years ago in Criminal Law
Religion: Hindu

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16 Answers

Once the protest petition is decided by trail court against you, you can approach he seeking quash of FIR. Pending protest petition High Court will not admit quash petition as protest can be dismissed. After filing charge sheet trial begins, protest petition is filed only final report is filed due lack of evidence. If the complainant is suspect, you can file an application for making then accused under Section 319 of Code of Criminal Procedure, 1973.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

You can't go to high court on this. 

You may have to wait for the decision of trial court. 

After that,  if the decision is not in your favor you may approach high court for quashing the charge sheet on the basis of the documentary evidences in your side. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The protest petition would be maintainable only after the police files its report seeking to close the complaint/fir.

In a private complaint the court will proceed only if it is convinced about the genuineness in the complaint. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can defend yourself only during trial proceedings before the trial court and not before that.

You may wait for the trial to begin to defend your case properly. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Against the closure report the complaint can file protest petition.  On hearing the court can either accept the closure report or direct police to investigate the allegations once again or convert the FIR into complaint case.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1) 

the Magistrate has three options available to him

·        Firstly, he may accept the Final Report and may also reject the Protest Petition;

·        Secondly, he may accept the Final Report but treat the Protest Petition as a complaint and proceed in accordance with Section 200 and 202 of the Code;

·        Lastly, he may accept the Protest Petition and reject the Final Report and take cognizance under Section 190(1)(b) of the Code.

 

 

2) wait for magistrate to pass orders on protest petition 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Protest petition has to be filed within period of limitation as prescribed on section 468 of cr pc 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can file private complaint before magistrate against complainant 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hi, you can file a Petition in the High Court for challenging the order. 

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Dear sir/ma'am,

 

If the complainant is also suspected under same section, then you can file a complaint against them in the court. 

You will have to wait for the trial court proceedings to be over in order to challenge them in case the verdict is not in your favor. However, you can file a petition for quashing the FIR. Thank you.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- Since, the I.O. of the case has found that there is not ground for commission of the said offence, and further submitted the report in the court as well. 

- Further as they filed protest petition against you , then you should wait for the decision of the trial court , as there is possibility to reject the same . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You can approach HC against impugned order passed by trial court 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

In case the protest petition is allowed by Court of Sessions as the matter pertains to 306 which  can be tried only by sessions Court you can file revision of the same to High Court.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

If the trial court is allowing the petition filed by opponent objecting closure report then you may have to challenge the case in trial proceedings only or you can file a discharge petition before trial court, alternately you may approach high court to quash the charge sheet on the basis of closure report filed by police. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear sir/ma'am,

 

Yes, You can oppose that petition mentioning the grounds for it.  Thank you.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- Yes, if allowed , then you can approach the High court 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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