Fir filed wrongly
Nancy
(Querist) 27 November 2014
This query is : Resolved
my friend,a girl filed a fir in gurgaon police station stating that mobile got stolen u/s section 156 Cr p.c .The fir contained sec 356 and 379.A few weeks later police called tat mobile was put on tracking and she was found guilty of possessing the mobile and hence she got statement recorded that she did by mistake and SHO said they will the FIR.Now 1 year later,same ASI called her and said she needs to go to court in front of magistrate or else she will get legal notice of lodging fraud FIR.
Experts,please suggest as she made a mistake and wants to rectify .
2)what is punishment magistrate can give.
3)will she convicted or is there some fine.
Devajyoti Barman
(Expert) 28 November 2014
1. Ash her to find out whether the Police has started case of false FIR.
2. If that is so then she would need face prosecution and hence advisable to apply for bail first.
She is lucky that in India the law does not come down heavily who lodges false complaint.
Rajendra K Goyal
(Expert) 28 November 2014
If case of lodging false FIR lodged, she should proceed for bail and defend the case on merits.
T. Kalaiselvan, Advocate
(Expert) 01 December 2014
It is not clear that whether the police is trying to prosecute on the basis of old fir itself or there is a new fir against her for having lodged a false case? If is in pursuance to the original complaint, she has to appear before the court for deposing evidence (even hostile) or else she will be issued with a warrant.
