• False 74 79 BNS

I was facing threats of filing false fir i informed the police and after filing rti on the matter 
while I climbed down the stairs of my office few Women assaulted me and fled into auto and filed false 74 and 79 bns against me.
 I am a govt servant and I was carrying cash from the office to the account office 
I complained to the police but the police did not take any action.
My dept was also informed 
Suggest me remedies
The Police in collusion with complainant filed the fir for filing rti against them.

The women are unknown to me planted by police 
In complaint they said they came for adhar related service 
They assaulted me and the police civic volunteer took videos i did not do anything to her
If they circulate the video and show me as offender getting assaulted what to do?
They came well after office time 
I have cdr of 1year that i was unknown to the women

How they will fight?
The Police and complainant?
I have attendance record
Cash carrying authorization
Cash remittance slip
Cdr and transcript
Pre emptive complaint 
Medical report
Rti acknowledgment 
Rti reply 
Adhar logs
Adhar customer database
My deptl female staff witness she was also assaulted she also complained to police
What else needed for quashing?chances of quashing?
Should I give my evidences to io?or court?
If I file pvt complaint If they again file a false fir?the whole police district including sp is against me
Can I file monitoring of investigation?in magistrate court?
They have served 41a notice 
If I file 156(3) or 200 crpc how they will react or defend?which will be best
Chances of another false fir filed by them against me?how to prevent that?
Can I file civil or criminal defamation now?
Can I file application to get her cdr and adhaar in magistrate court?
Suggest in chronology what to do please keep in mind the complainant is proxy for the police .
Suggest me such remedies that the police dare not do that again I will be fighting till my last breath
Please help
Asked 3 days ago in Criminal Law
Religion: Hindu

12 answers received in 2 hours.

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15 Answers

File quashing petition in Calcutta High Court under Sec 528 BNSS (482 CrPC equiv.) citing counterblast to RTI, no offence ingredients, police collusion—strong case with your evidence.

Comply with 41A notice via lawyer; apply anticipatory bail parallelly.

Chronology of Actions

  1. Immediate: Engage criminal lawyer; respond to 41A with evidence (don't hand originals to IO yet).

  2. Counter-Complaint: File private complaint u/s 200 BNSS (223 CrPC) or 156(3) in Magistrate Court for 323/506 IPC assault—your witness/deptl proofs boost success ; separate for female staff OK, Magistrate inquires. Request another district PS if bias shown.

  3. Quashing: Petition HC with CDR (get 65B cert from telecom), Aadhaar logs, RTI, medical, attendance, remittance slip, pre-complaint—exposes fabrication. Preserve video for counter (get 65B).

  4. Monitoring/Transfer: File u/s 210 BNSS (157 CrPC) Magistrate for probe oversight; HC for CBI if corruption proven (rare, post quashing).

  5. Defamation: Post quashing, file criminal (BNS 356/500 IPC equiv.) + civil defamation vs complainants/police volunteers.

  6. Prevent Repeat: HC interim stay on further FIRs; complain to DGP/ Vigilance if malice.


Police may plant witnesses—counter via cross-exam/CDR contradictions. No evidence to IO pre-court; submit in quashing/court. If quashing denied, refile post-charge sheet.

Shubham Goyal
Advocate, Delhi
2166 Answers
16 Consultations

You may follow it up with the superintendent of police for taking action on your complaint, if there's no proper response you may approach court with a petition to direct police to register FIR on the basis of your complaint.

If you have received notice from police then you may better appear before police and give your statement.

If they still go ahead to register FIR then you first obtain anticipatory bail and think about filing quash petition after that.

T Kalaiselvan
Advocate, Vellore
90119 Answers
2503 Consultations

First you wait for the police to file the charge sheet after which you can file a petition to quash the charge sheet itself on documentary evidences and merits.

The private complaint can be filed separately by both of you individually.

You cannot ask for CBI enquiry to investigate the complaint by you and against you.

T Kalaiselvan
Advocate, Vellore
90119 Answers
2503 Consultations

You cannot file complainant in different districts.

You may have to file the private complaint only within the jurisdiction where the incident occurred.

T Kalaiselvan
Advocate, Vellore
90119 Answers
2503 Consultations

You may not be able to file a defamation case against police because they act on the basis of the complaint before them.

If you have the original device then you can make an affidavit or a certificate under section 65b on your own.

But that evidence can be filed only during trial proceedings and not before that.

T Kalaiselvan
Advocate, Vellore
90119 Answers
2503 Consultations

The success of quash depends on the lawyer taking up your case on the basis of substantial documentary evidences you may rely upon to demonstrate your genuineness.


If you propose to file the quah petition you may engage the services of an experienced and well talented advocate in order to succeed in the quash case.

T Kalaiselvan
Advocate, Vellore
90119 Answers
2503 Consultations

File petition fir quashing of FIR in HC 

 

2) if allegations made are vague and devoid of material particulars HC would quash FIR 

 

3) you must in your statement to police enclose evidrnce in your possession 

Ajay Sethi
Advocate, Mumbai
99919 Answers
8155 Consultations

If quashing is rejected apply for discharge before trial court 

Ajay Sethi
Advocate, Mumbai
99919 Answers
8155 Consultations

You are at liberty to file private complaint under section 156 (3) before  magistrate if police refuse to take your complaint 

 

court would direct police to investigate and submit report 

Ajay Sethi
Advocate, Mumbai
99919 Answers
8155 Consultations

You can file complaint of criminal defamation and civil suit for  damages  against accused 

 

2) 

  • CDRs must be obtained legally, usually via a court order (under section 91/311 CrPC or 165 Evidence Act) or a request from law enforcement (SP rank or higher).
  • Request to Telecom Service Provider (TSP): Apply to the Nodal Officer of the respective TSP (Airtel, Jio, VI, etc.) for the CDRs.
  • Certificate Issuance: The Nodal Officer will provide the CDRs (often in a 13-column format) along with a 65B certificate. The certificate should be on the company's letterhead, stating that the records are derived from their server.

Ajay Sethi
Advocate, Mumbai
99919 Answers
8155 Consultations

Fiord quashing you need copy of FIR ,statements recorded of complainant ,accused ,charge sheet if any 

Ajay Sethi
Advocate, Mumbai
99919 Answers
8155 Consultations

It always has 50-50 percent Give it a try 

Prashant Nayak
Advocate, Mumbai
34620 Answers
249 Consultations

- Even if the higher officials are against you , then also you should lodge your complaint before Commissioner of police after giving full details of happening .

- Further, if no action taken place , then file a private complaint before the Judicial magistrate in Court  with an application to enquire the case 

- Further, as there is an FIR against you, then you can approach the High Court for the quashing of the FIR 

- However , at this stage you cannot file the defamation case as there is already FIR against you.

Mohammed Shahzad
Advocate, Delhi
15831 Answers
243 Consultations

Your case requires minute perusal of the records and evidences in connection with this case.

In other words case of this magnitude can not be  replied properly in a forum like this.

Therefore, meet and seek assistance of an advocate. 

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

First, understand the legal position of the FIR under sections 74 and 79 BNS. Allegations of assault and criminal intimidation are cognisable, but they are fact-centric offences. Courts are very cautious where a public servant produces contemporaneous official records showing lawful discharge of duty and a clear motive for false implication. Your case has several strong objective indicators that go far beyond a normal “word vs word” situation.

 

On the immediate risk and the Section 41A notice:

Compliance with 41A notice is correct and sufficient. Do not violate it. Presence under 41A does not mean guilt and cannot be used to justify arrest unless you breach conditions or obstruct investigation.

 

About giving evidence to IO or Court:

At this stage, do not hand over your entire defence dossier to the IO. Hostile IOs tend to tailor the prosecution case once they see your full defence. You may give only basic cooperation (attendance, statement denying allegations). Your substantive defence materials should be preserved for judicial scrutiny, not police consumption.

 

Your evidence strength is objectively very high:

• Official attendance register

• Cash-carrying authorization & remittance slip

• Departmental records proving official duty

• CDR showing no prior contact with accused women

• Aadhaar logs contradicting their “service visit” claim

• RTI acknowledgment + reply (clear motive for retaliation)

• Medical report (timing consistency matters)

• Independent departmental female staff witness (very strong)

• Pre-emptive complaint (extremely important in quashing)

 

This combination substantially weakens the prosecution story.

 

On quashing under Section 482 CrPC:

Yes, this case is fit for quashing because:

• Allegations appear retaliatory after RTI

• FIR lacks independent corroboration

• Official records contradict prosecution version

• Abuse of criminal process is apparent

• Police bias can be demonstrated

 

However, courts rarely give “percentage chances”. Practically speaking, this is a strong quashing case, especially if filed after:

 

  1. FIR + 41A notice
  2. Before chargesheet OR
  3. Immediately after chargesheet (even stronger)

 

 

If quashing is rejected at FIR stage, you can file again after chargesheet. This is legally permissible and very common.

 

On monitoring of investigation:

Yes, you should file an application before the Magistrate seeking:

• Fair and impartial investigation

• Direction that CCTV, CDR, Aadhaar logs, office records be collected

• Direction that your departmental witnesses be examined

 

This does not antagonize the court, and Magistrates do pass such orders when bias is shown.

 

On transfer of investigation (CBI / outside district):

CBI transfer is granted only in exceptional cases by High Court. However, transfer to another police station / SIT / senior officer supervision is far more realistic. Grounds:

• Conflict of interest

• Prior RTI against same police

• Alleged collusion

• Suppression of your complaint

 

Do not ask for CBI as the first relief; courts view that as extreme.

 

On private complaint (Sections 200 / 156(3)):

You and your female staff member can file separate private complaints for:

• 323

• 506

• 166A (if applicable)

• Criminal conspiracy

• False evidence

 

Between 200 and 156(3):

• Section 200 = Magistrate examines witnesses himself (safer where police are hostile)

• Section 156(3) = Police investigation (risky in your case)

 

Given your facts, Section 200 private complaint is safer.

 

Yes, an NCR-type offence can be pursued via private complaint without police investigation report.

 

On fear of repeated false FIRs:

You can seek protective directions from the High Court:

• No coercive action without court leave

• Any new FIR relating to same incident to be placed before court

• Advance intimation before arrest

 

Courts do grant this where abuse is shown.

 

On defamation (civil and criminal):

Do not file defamation now. Courts consider it premature while criminal proceedings are pending. Defamation should be initiated:

• After quashing OR

• After acquittal OR

• After closure report

 

Premature defamation can backfire strategically.

 

On Section 65B certificate:

• For your own CDRs: obtained from service provider

• For third-party CDRs/Aadhaar: file application before Magistrate seeking production under CrPC 91

• Magistrate has full power to summon Aadhaar authority & telecom providers

 

On planting of false witnesses:

You counter this legally by:

• Contradictions with objective records

• Time/location mismatch

• Cross-examination

• Demand of CCTV, vehicle logs, auto stand data

Courts distrust planted witnesses when documentary evidence is strong.

 

Chronology I strongly suggest:

 

  1. Comply with 41A notice
  2. Do NOT give full defence to IO
  3. File Magistrate application for fair investigation
  4. Prepare quashing petition with documents
  5. File quashing (with interim protection)
  6. Parallel Section 200 private complaint by you + female staff
  7. Seek protective directions from High Court
  8. After quashing/acquittal → defamation proceedings

 

Finally, do not think emotionally that “entire police district is against me”. Courts exist precisely for situations like this. Judges rely on documents, timing, and motive, not police narratives.

 

Your case is not weak. It is structured, document-heavy, and legally defensible. The law does not require you to fight physically with police — it requires you to outlast them procedurally, which you are well positioned to do.

Yuganshu Sharma
Advocate, Delhi
1069 Answers
3 Consultations

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