• Complaint by scheduled caste

Sir,
I am a govt servant. 

A sweeper( from scheduled caste ) in my office filed a court complaint alleging using derogatory words ( jaatisuchak shabad) and slapping him.

The court directed Police to file Action taken report.

Police investigated the case, took statements of witnesses from both sides and filed report in court terming the complaint as false, fabricated and non-substantiated.

The court heard and directed Police to do detailed investigation after filing FIR . In its decision it mentioned police report conclusion and also that the complaint has clear cognizable signs.

The FIR is registered.

The complaint is false , what is the legal recourse available in such case.
Asked 5 months ago in Criminal Law from New Delhi, Delhi
Religion: Hindu
If the FIR is registered then apply for and obtain anticipatory bail so that you do not suffer arrest and detention, and thereafter the case has to be contested on merits. Further recourse can be charted out by your lawyer after perusal of FIR and court order. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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1) you can file for quashing before HC under section 482 of Cr Pc on basis of police report that complaint is false and fabricated 

2)if HC rejects your quashing application you will have to face trial 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
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it is your case that police filed report in court .

2) take search of court records and obtain copy of police report filed wherein it has been mentioned that complaint is false and fabricated 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
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Hi, you have to file a petition in the High Court for quashing the FIR and ask for interim stay and if the court grant stay then you need not apply for anticipatory bail.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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The court heard and directed Police to do detailed investigation after filing FIR . In its decision it mentioned police report conclusion and also that the complaint has clear cognizable signs.
The FIR is registered.
The complaint is false , what is the legal recourse available in such case.

Taking revenge on the people to cover their wrong doings under the shelter of community biased laws is not uncommon. 
The remedial action is first to obtain anticipatory bail and then to apply for quash under section 482 cr.p.c. before high court.
Alternately since it is a false complaint, the e may be challenged during trial proceeding properly and get acquitted.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
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As per act- anticipatory bail can not be granted by any court. Then what action should be taken?

If the law says that anticipatory bails cannot be granted then in the same anticipatory bail application an alternate prayer may be added to direct the police to not to arrest in view of the false nature of the case and you may provide supporting evidence to prove the complaint is false.




How can one obtain police report for filing quashing under section 482 of Cr Pc

You can apply for certified copies of the police report already submitted to the court and apply for quash, but police report is not necessary for applying for quash.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
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Here in the further investigation report stated that the offence as alleged is cognizable one. That is an offence, where a police offer can arrest without a warrant. After investigation, if the case is made out, i.e. charge sheet filed goes against accused, the magistrate can order for arrest.   Cognizable offences are both bailable, and non-bailable. In your case the atrocity act may be incorporated.So first to obtain anticipatory bail and then to apply for quash under section 482 cr.p.c. before high court
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
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1. The act does not say that anticipatory cannot be granted for an offence under it. If you are able to show the falsity of the case then you may jolly well get some relief from the High Court if not the court below.

2. Think of bail and not quashing at this stage. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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