since you have already filed petition for quashing of FIR wait for hearing of your petition
2) you can file complaint of criminal defamation against complainant for maligning your reputation
3) also file civil suit for damages
False SC/ST Act
In continuance of my previous question the I.o. submitted c/s on 09th sept 2024 As per the advice of the learned advocates of this platform I have moved for quashing the fir as well as c/s My question are as follows:- 1) the IO have not considered the fact that previously he pleaded guilty u/s 323 and 506 ipc and convicted with fine 2)161 crpc of witnesses state that on 27th jan 2023 threat over phone was given but in c/s no cdr was attached by io 3)164 crpc as well as 161 crpc of 2 witnesses state that they were casual staff of my govt dept but in reality they were not 4) As a alibi govt memo and sanction order was given that on Feb 23 and in consequent months I was not present on the spot but the io did not considered that too 5) My email id address and other details as submitted to the police is used by the opposite party to submit complaint against me to various commissions Please provide necessary legal remedies except quashing since the opposite party is having political connection
Asked 1 year ago in Criminal Law
Religion: Hindu
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3 Answers
Dear Client,
Herein, for your queries, firstly, that the IO has not considered the fact that you had previously pleaded guilty under sections 323 and 506 of IPC, being convicted with a fine, the same may be raised for the quashing of your petition. You may also take reference from the Indian Evidence Act (now Bharatiya Sakshya Adhiniyam), to depict your past convictions and show your character and credibility. Additionally, the absence of CDR, which act as crucial evidences for the claim of threat, may be highlighted in the court to weaken the case against you. Besides, there have been instances of providing false witnesses against you, non-consideration of the alibi evidence that indicated your absence during the incident, and misuse of your personal information provided by you to the Police, being used by the opposite party in an unauthorised manner, is violation of various legal provisions, against which legal action may be taken. This includes filing for an anticipatory bail under provisions of CrPC (now BNSS), approaching Human Rights Commissions, at the State and the National Level, and filing a counter-complaint at the Police Station.
Hope you find this answer beneficial for resolving the dispute.
If you have are yet to file the quash petition, then you can include all the defects that you observed on the part of the IO while submitting the final charge sheet before the trial court and can state that it was a defective charge sheet and that the investigation officer had conducted a biased investigation and had not taken care of all the facts hence the charge sheet is of false and fabricated details just only to appease the false allegations leveled against you,.
If you find that the opponents are misusing your details and spreading false rumors about you in various social media you my plan to file a defamation case against them
