• Fake FIR case filed on my brother under section IPC 153A

Dear sir, 

I am kumar from Andhra Pradesh. working as Software Engineer. My brother is staying in Guntur district small village. 

We started mineral water service in our village in September, there is already one family from muslim group have been doing that business since 2013. Due to our service, we are able to sale huge water which directly affected their business.  

My brother created Facebook account in October 2015, somehow he saw one post in public group which was written by someone else in fb. it is about Kuran. He shared the post on Dec 5. then muslim family created rumor saying that my brother insulted Kuran and muslim groups on Dec 23.  They protested and filed fake FIR under section 153A. Since he shared only fb post , police and they did not find proper section and filed 153A only. in FIR they mentioned  that my brother distributed pamphlets in their area which hurts their sentiment. proofs they submitted are completely false. they took fb post and said that it was just an pamphlet. I argued with CI, SI, but due to local politicians pressure, they filed case against my brother. so we took bail with help of lawyer. 

Now I need you're help to understand procedure for quashing fake FIR and File Defamation case against them, there are evidence against them because they did protect and gave it press and electronic media. we can use them as source to file defamation case against them. 

We lost business and my brother is now afraid of staying there because rumor lot.. need ur help and suggestions.

Please help me with suggestion and lawyer who can help to file case in Hyderabad High court.
Asked 11 months ago in Criminal Law from Singapore
Religion: Other
Section 153A in The Indian Penal Code deals with Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. That is ; Whoever by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different reli­gious, racial, language or regional groups or castes or communi­ties or  commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity

Here are the conditions under which an FIR can be quashed:

1  Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
2  Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Sec.156(1) of the Code except under an order of a Magistrate within the purview of Sec.155(2) of the Code.

3  Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

4  Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Sec. 155 (2) of the Code.

5  Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

6   Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

7  Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

For defamation:
Send a legal notice to them and file a defamation suit in Judicial first class magistrate court. You can claim  damages by filing civil suit.For your business you can seek police protection from high court. 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Your brother has done a wrong a thing by doing so. Sharing of FB post amounts to propagating an idea which hurts the sentiments of a particular community.
He is lucky that less severe section is pressed against him.
Since case has started ask him to apply for bail. Once that is done he can breath a sign of relief.
He can not file any counter case.
Ask him to remain low profile so the tension subside automatically and normalcy comes back.
Devajyoti Barman
Advocate, Kolkata
5146 Answers
54 Consultations
4.9 on 5.0
1) there are number of lawyers on this website . you can contact any of them from hyderabad

2) you can file case of quashing of FIR as you merely shared post on face book . 

3) your brother has not done anything which promotes enmity among different religions 

4) no pamphlets have been distributed by you . 

5) further you should mention that whole issue has been given a communal angle only because of business rivalry 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
This is a misuse of the process of law by the minorities under the garb of section 153 which is not made out. Your brother is at liberty to move the High Court for quashing of FIR.  If pamphlets were distributed then it has to be proved. Once the FIR is quashed you can then file a criminal case for defamation and also civil proceedings for compensation on account of malicious prosecution. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Dear Querist
You may file the quashing petition before High Court but what are the contents of the FB, is very important for quashing the petition, if prima facie the content of post are really insulting the other party or their religious sentiments then quashing is not possible and your brother have to face trial before the court.


Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
If you have planned to file a defamation case, it can be filed in the place where the cause of action arose and nt elsewhere.
It will be too early to go for quashing of FIR.  
Since your brother has already been enlarged on bail, let him wait until the charge sheet is filed before court and what have been given as evidence and the statements of witnesses, on that basis he may apply for quashing of charge sheet with the aid of merits in his side, then he have chances for quash.
If quash petition is dismissed he can challenge the case in the trial court itself if he feels that the this is a fake case and can be disproved by examining the witnesses.  
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
1) you should forget about filing defamation case . 

2) once compromise is arrived at thank your stars you are out of the woods and not involved in long drawn legal battle 

3) filing defamation case would involve running around courts , spending lot of money on legal fees and would be difficult to prove against rumour mongers
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
After compromise you will be able to proceed only against the person who spread the rumour and not the complainant.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
If you have proofs you can file defamation suit if the case is closed and not compromise. 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
My question is that the person who filed case against my brother is different guy and the rumor spreader is different guy,  is it possible file defamation case against actual person even after closing case as compromise ?

If you have strong reasons to believe that it was the other person who instigated this person to file the present false case, you may have to file a defamation case against this person and by making him as a second respondent.
Or if your have clinching evidence to prove that the other person only had spread all these rumours in order to defame you to wreak vengeance on your brother due to the downfall of his business in the name of religious fanaticism you may proceed with the proposed case against him directly. But again, would you not like to continue with your peaceful occupation henceforth after solving all these legal problems? if so, why dont you ignore the entire episodes as bad dreams and start afresh your career peacefully.  If you want to pursue this matte in one form, he will be rolling up his sleeves to confront you with another issue due to provocation and this will become a never ending process. 
So think and take wise decisions at right time. 
If the matter is likely to solved with compromise arrangement out of court, better settle the scores fully and properly and snap all the ties in this regard whatsoever or plan strategies to avenge them with some other designs, of course legally. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

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

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5146 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2718 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0