An airhostress of jet airways stays in our colony on rent.because of some parking issues she had an arguement with a senior person and she created a scene. the lady was called to the society office at 10 p.m. when all office bearers most of them ladies usually take up the society problems. instead of listening to them she called up someone and threatened to go to the higher authorities as she has high contacts.after sometime she again came back to the office keeping her mobile on recording mode and asked everyone their names,she was asked to go home as we would talk to her husband when he returns. she suddenly started shouting telling that she has been touched wrongly.she called her mother along with the policeman. in the presence of the policeman after some discussion she told that she does not want to complain.after a week she was given notice by her landlord to vacate the flat as her agreement was over. taking this as an insult she along with her husband went to the policestation and complained against one committee member that he has molested her and another committee member that he has threatened her landlord to remove them from his flat
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can we file an fir against her for false allegations
her fir has not been taken but all the society people present are called for enquiry at the policestation.can we file FIR against her after giving our statement
1) after FIR is lodged police would issue notice to committee members to record their statement
2) they should deny the allegations made in the complaint
3)if complaint filed is of criminal intimidation under section 506 of IPC it is non bailable . committe member should obtain AB
4) offence under section 354 of IPC is non bailable . obtain AB from sessions court
does section 211 apply in this case
Section 211 deals with two distinct offences:
(i) Actually instituting or causing to be instituted a false Criminal Proceeding against a person;
(ii) Preferring a false charge against a person for having committed an offence.
To constitute an offence under Section 211 the ingredients are
(i) The accused instituted or caused to be instituted a criminal proceeding against a person;
(ii) He falsely charged a person with having committed an offence;
(iii) He did so with intent to cause injury to such person;
(iv) He did so knowing that there was no just or lawful ground for such proceeding or charge
2) you can file complaint against accused under section 211 of IPC
1) you can file an FIR against her for making false complaint
The person against whom she made the false complaint can launch her criminal prosecution for defamation. This apart, a suit for damages can also be filed against her.
section 211 does not apply here
It is a clear case of abuse of law, especially the la favoring women.
Since she is reported to have an influence with higher officials, she may manage to get her complaint converted to FIR and get those people named as accused arrested for the reported offences.
If she is not coming down for compromise then the people who have been listed as accused have to first obtain anticipatory bail to prevent arrest and remand.
This case can be challenged properly in the court during trial because she has nothing to prove against the people who she has made a complaint against.
Moreover she will not be able to attend the court case hearing regularly hence her case may attract dismissal too.
can we file an fir against her for false allegations
You cannot lodge any case against her on the referred grounds.
If you feel that she has given false complaint then you have to prove it before court during trial and not that you will file a counter case on it.
her fir has not been taken but all the society people present are called for enquiry at the police station.can we file FIR against her after giving our statement
You dont have any reason to lodge a complaint against her.
As said earlier, if you feel that her complaint is false then you have to prove her wrong only in the curt during trial proceedings and not by filing another case by you against her, that itself shall be considered as false allegations.
does section 211 apply in this case
The provision of the referred section given below for refreshing your memory.
By this, a case can be filed only after ascertaining the false case by the verdict of court, hence it may not be applicable to your subject.
211. False charge of offence made with intent to injure.—Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death, 1[imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
1. Actually, your society should have filed a police complaint against her when she was threatening the members illegally.
2. Has her complaint been converted to FIR yet?
3.If no, visit police station and inform the matter in details to the police to ensure tat no FIR is registered against the society people as a result of her complaint.
1. You can file a police complaint against her u/s211 of IPC once her complaint is proved to be false,
2. So, wait till the police investigation conducted against her complaint is over.
1. The police is in right direction in conducting the investigation in connection with her complaint.
2. Co-Operate with the police and ensure that no FIR is registered against her sid false complaint.
3. All the members of the Society called for the matter should visit the police station on the scheduled day.
1. Yes, section 211 of IPC is applicable against her in the instant case.
2. However, before lodging a complaint u/s211 of IPC against her, you shall have to have evidence that her complaints are false.
3. Investigation report of the police will stand to be a valid evidence in support of your allegation against her.