• False POCSO case linked to School Principal position dispute 2

In 2020, my mother (aged 60, OBC caste, School Principal) had ongoing disputes with the Vice Principal and his wife (both Upper Caste), who took over her position after her retirement. A 17-year-old Class 12 student later accused my father under POCSO, claiming my mother had sent her to our house to collect answer sheets, where my father allegedly touched her inappropriately.

School timings were 9:00 AM to 1:30 PM, and the school, my house, police station, and her residence are all within 300 meters. IO sent a handwritten document (signed by him) requesting:

- Attendance sheets
- Teachers’ names and Aadhaar,
- CCTV footage.

My mother submitted all, and the IO signed the receiving copy. The records showed:

1. All Class 12 students, including the girl, confirmed her presence all day.
2. Teachers gave handwritten confirmations, especially for the Sanskrit class (11:50–12:20), where she was the only student.

However, none of these were added to the Case Diary or Charge Sheet. The IO denied receiving any documents during cross-examination.

Current stage: Section 313 CrPC completed.

🔹 Questions 
1. 
•	The police deliberately removed my father's mask during the COVID pandemic, so that news reporter can take his photo, which they published and circulated it in the media. The news falsely mentioned that a “School Principal” was involved and action will be taken against her, causing social humiliation and mental trauma to both my parents. 
➤ What legal actions (civil or criminal) can I take against the police for this violation of dignity, privacy, and defamation?

2. 
•	The charge sheet and case diary falsely claim that my father was caught the next day while fleeing into a jungle to evade arrest.
•	However, during cross-examination, both the girl’s mother and the female constable clearly stated that my father was already in police custody immediately after the complaint was filed. 
➤ What criminal or departmental actions can be initiated against the Investigating Officer (IO) for presenting false information in official documents & deliberately hiding all school records and documents which IO obtained from Principal and lied during cross-examination?

3. 
•	Due to the police’s false narrative, my parents suffered immense mental harassment and social damage.
➤ What remedies are available to seek monetary compensation and ensure disciplinary or criminal action against the officers involved?

4. 
•	When and how can I file an application under Section 91 CrPC to:
o	Direct the police to produce original documents submitted by my mother (attendance records, teacher statements, etc.)
o	Summon the police personnel who received those documents and signed the acknowledgment copy.
o	Call for the police station register/logbook in which my mother and the school peon had signed during the submission of investigation documents.
o	Any other legal remedy to expose police for indulgent in false case?
Asked 7 months ago in Criminal Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

5 Answers

Complain against I/O to commissioner of police So that departmental inquiry can be done to investigate the misconduct. 





2)the departmental inquiry finds the IO guilty of serious misconduct, they could face dismissal from service

 

3)Presenting false or misleading information in official documents is a criminal offense. 

 

 

4) The IO's false statements during cross-examination amounts to perjury 

 

5) The party seeking to invoke Section 91 must demonstrate the necessity and desirability of the documents for the trial. The court will assess whether the documents are relevant to the case Uday Singh VS State of M. P. - Madhya PradeshRajender Verma VS Ashok Malik - Delhi.

 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8142 Consultations

1. A complaint with the human rights commission can be made agaisnt the police personnel who exceeded their rights in this.

2. The statements of the witnesses before the court in the form of evidence deposition will  be denied by the IO during the cross examination, therefore you may not be able to take any action against the police officer.

3. The court has to first acquit the accused stating that it is a false case after which the accused can initite legal action against the police for malicious prosecution.

4. You can be in touch with yor advocate on all such practical issues, he will guide you properly as pr the procedures of law

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

You can file the same any time in trail to get documents

all the above you can also seek by filing rti application 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

1. Your parents can file a criminal complaint for the defamation against the said I.O. and also lodge their complaint before the higher official under the provision of SC /ST Act. 

- They can also file a suit for defamation for claiming compensation for defaming their name in the society 

2. File a complaint before the higher police official against the said I.O. and if no positive response then file a complaint before the judicial magistrate. 

3. Reply No.1

4. File an application in the same Court to direct the police official to supply and submit those documents 

Mohammed Shahzad
Advocate, Delhi
15799 Answers
242 Consultations

1. Police media leak and defamation:

  • 🔹 File a criminal complaint for defamation (Section 500 IPC) and violation of privacy.

  • 🔹 File a writ petition in High Court for violation of Right to Dignity under Article 21 seeking compensation.

2. False information in charge sheet:

  • 🔹 File an application under Section 340 CrPC for perjury and false evidence against the IO.

  • 🔹 Simultaneously, file a complaint to the SP or DGP seeking departmental inquiry.

3. Compensation for harassment:

  • 🔹 File a civil suit for damages in civil court for mental harassment and loss of reputation.

4. Section 91 CrPC application:

  • 🔹 File immediately in trial court (before arguments start) asking:

    • Production of documents (attendance, teacher letters).

    • Summoning the IO and station diary entries.

  • 🔹 Mention in your application that these documents are crucial for fair defense.





Shubham Goyal
Advocate, Delhi
2055 Answers
14 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer