False case against me in Hyderabad
Hello, My self one Raju has started manufacturing unit near Hyderabad the first year of operation we have incurred losses due to various reasons my partner Mr. Raju saw there is Hugh losses he stopped to coming to factory when banks started pressuring for the installments and interest to my surprise he has filed a criminal case against me stating that i have sold the manufactured material without his knowledge and police has registered a case as court refereed case in the month of Oct 2014 as soon as I came to know I have applied for anticipatory bail and Hon'ble court has granted the bail. What ever information about the business police has asked me I have provided and submitted. After 10 months has gone so for police has not filed charge sheet in the court. I know this is a false case registered against me by the police and my partner, to avoid financial burden on my partner. Pl advise in this situation what should I do for closure of this case further I want file a deformation on my partner, can I file a case against IO for registering false case against me.
Asked in Criminal Law from Hyderabad, Telangana
Until you have not proved that this is a false case you cannot do anything to this legally.
The law enforcing authority, i.e., the police have registered FIR based on the cognizance taken on the complaint before it, whether it is false or true case shall be decided by court and not the police. The duty of police is to investigate and send its report to the court along with the charge sheet and prosecute the case through public prosecutor. So without the court deciding the case or acquitting you or discharging you or dismissing the case, how will you confirm that it is a false case.
You have to wait for the court to pass its verdict after that you can decide about proceeding with the proposed cases.
If the police are delaying to file the charge sheet, you may take up the matter for quashing the FIR under section 482 r.p.c. before the high court.
1. You can move the HC for quashing of the case filed against you. That the chargesheet has not been filed by police does not prevent you from going to HC.
2. You are at liberty to prosecute your partner for defamation, but it will be wise on your part to delay the launch of defamation proceedings until such time that you are exonerated.
1. Since police is still investigating you can close this case.
2. Wait till submission of charge sheet and once it is done you can file quashing case.
3. To expedite submission of charge sheet you can file writ petition in high court.
4. Only after your acquittal or submission of closure report by police you can file defamation case against your partner.