Abuse of section 354 IPC
A woman filed a false case of “Stalking” u/s 354D/34 on me and my office colleagues. I was arrested by the police and got bail after 5 days of judicial custody. And after that I filed an application u/s 156(3) and the honorable court directed the police to register an FIR against that women u/s 384/406.
Delhi police filled the charge sheet in the main case (u/s 354D), In which they said the mobile phone (Used in Staking) was recovered from me. Whereas the fact is
1) This mobile phone belongs to one of my colleagues
2) I was produced by the Ct. in the PS at 11.00 (as per Tehrir)
3) As per the call details appended by the IO with the report, this mobile worked lastly till 11.30 from different locations, despite the fact that I was apprehended by the Ct. before 11:00 PM.
(We have also referred this fact to the honorable court during our 156(3) applications and court made a note of this)
In the view of above, we have filled an application under 173 (For re- investigation) and the arguments are pending for the next date (NODH)
Now, I would request your expert suggestion on the following:
1) Can we approach High for quashing the said FIR or wait till the charge is framed? Or argument for the charge based on the given below true facts.
a. She is a habitual complainant and involved in 17 cases. In some cases she is complainant and some are against her mainly extortion under section 384.
b. She is presently in Tihar jail in FIR no 126/13 under 384/406
c. Statements proposed accused of (woman) in FIR start with averment of proposed accused that she is working in Ganga ram hospital as a nurse which she claimed in my FIR.
d. Statement of proposed accused under section 154 in the said FIR is different which is entirely different in the FIR.
2) Are there any provisions for internal inquiry / complaint / further escalation or file a case against the IO for doing unfair investigation and planted the mobile phone. To frame false claim for innocent people and supported other colleagues for undue advantage.