• Remedy against false FIR

False fir registered under section 406,506,420 just to harass. no charge sheet is filed.

1) should I file a writ petition under article 226 or quash under section 482.
2) should I file bail under section 438 after filing a writ petition or quashing or before,will it create more merits if we attach a copy of writ or quashing along with bail.
3) when a complaint can be made against a police officer under IPC 167,218.
4) what other remedies available to file complaint against police officer for filing false case
5) should i move reinvestigation and after which process should i file representation
Asked 6 months ago in Criminal Law
Religion: Sikh

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17 Answers

1. If you strongly feel that the criminal complaint has been lodged with false information, you may file a petition under section 482 cr.p.c. before high court to quash the FIR, if registered.

2. The qash petition is a different subject to that of the bail application.

3. If the criminal case has been dismissed by court after conducting the trial and found it to be false case.

4. See the above, if the criminal case is dismissed then you can take action against the police investigating officer for malicious prosecution.

5. If you are accused then you may not be able to seek reinvestigation, but you can challenge the investigation process during trial by proper cross examination of witnesses particularly the IO. 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

  1. When there is specific provision for getting the false FIR quashed under Section 482, writ petition cannot be filed. You have file quash under Section 482.
  2. You will not be arrested without issuing notice under Section 41A as all the offences carry punishment for less than seven years. But it is safe the seek AB under 438 as precaution.
  3. Section 218 is attracted when there is an offence committed and police officer files a case against wrong person to same the real culprit. If no offence  is  committed 218 is not attracts. If you intent to file complaint against police office under Section 167, you have to face trial and get a clear  and honorable acquittal. Only than such complaint can be filed, if FIR is  quashed no such complaint can be filed since there is no trial and judgment of Court. If you want to punish the police officer, you cannot seek quash.
  4. All government servants are protected under law for any act done during course of their official duties. If you think that FIR is registered going out of official duty, you can certainly file a complaint to heir police office and NHRC action will definitely taken

 

                                                                                               

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

Once FIR has been filed against you police would issue you notice to record your statement 

 

2) you should then apply for anticipatory bail from sessions court 

 

3) quashing is to be done in exceptional circumstances 

 

4) you should wait for police investigations to be completed and charge sheet or closure report filed 

 

4) don’t file any writ petition 

 

6) you can complain against IO to commissioner of police 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

Quashing petition in HC. 

You can also make your complaint in the same against police officers

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

1. If you have evidence to prove that this case has been filed on false grounds, then you can approach the High Court for quashing the FIR .

2. If there is an FIR under these sections , then you should take anticipatory bail from the session court before approaching for quashing the case. 

3. When a public servant has a duty to prepare a document and he prepares that document in such a manner with the intention of causing injury to any person then he is liable under Sec 167 of IPC.

- Further, as per Section 218 , when Public Servant frames Incorrect Record with the Intention of saving a person from punishment , then it amounts to offence on the part of the public servant.

- Hence, until these two sections not proved by the court in the trial , then you cannot file any compliant against the police. 

4. You can approach the higher official and file a Writ petition before the High Court. 

5. Yes, you can move an application before the court for reinvestigation of the case from another police official ,and also cross examine the police witnesses at the time of evidence. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

Hi

Sections mentioned in the FIR are non bailable. Filing for anticipatory bail is advisable.

If you wish to quash the FIR , you can file petition under article 226 and482 Cr.PC, provided you have evidence to prove it is an FIR based on  false allegations.

Complaint can be made against the police officer on a false FIR and harassment on you can be after you prove your innocence in court or after your acquittal.

 

Thresiamma G. Mathew
Advocate, Mumbai
1633 Answers
212 Consultations

5.0 on 5.0

Dear Client, 

You can approach the High Court to quash the false FIR against you under Article 226 of the Constitution of India.

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

1) quashing under section 482 of cr PC has to be filed 

2)first apply for anticipatory bail from sessions court 

 

3) you can file complaint against IO with SSP 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

For quash you have to invoke section 482 cr.p.c. alone and not article 226 of Indian constitution.

It is always advisable that you obtain anticipatory bail first and then look for quashing the case.

No, until and unless the case is dismissed by court you cannot take any action against police for malicious prosecution.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

Dear Client, 

First apply for anticipatory bail in this case. 

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

1. Writ Petition under article 226

2. Yes, 

3. Firstly lodge a compliant and if no response then file a writ petition against him. However it is suggested to take legal action against the police official after finalization of the case. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

First ABA or bail depending on circumstances then quashing

Yes you can file representation at same time

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

You make application to SSP for reinquiry but also apply for anticipatory bail from sessions court at the earliest 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

The SSP will not entertain any application for Re-inquiry, do not take any such hasty steps on any misguidance. If you have any grievance agaisnt the party who has lodged this police complaint and if you possess any documentary evidence to establish your complaint you can give a complaint to the local police or to the SSP itself directly if the local police do not entertain your complaint.

The anticipatory bail will protect you from being arrested by police on the basis of the FIR registered against you.

 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

No first ABA. 

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

1. Take anticipatory bail before filing any other petition 

2. No, however you can take ground against the enquiry. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

Dear Client,

you can file for anticipatory bail even without the re-inquiry copy.

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

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