Remedy
inder
(Querist) 22 May 2015
This query is : Resolved
respected pannel members, I was regularly harrassed by a fellow neighbour shopkeeper who used to block access to my shop by selling goods that i do on the passage towards my shop by encroaching public land. When i used to ask him not to do so, he used to threaten me . A police complaint was made, followed by CrPC 200 complaint to MM, which resulted in FIR against him. As a counter he produced a witness (false) and filed a complaint u/s 200 CrPC that i have physically assaulted him however no such incident ever took place. The neighbours are not willing to testify this before court. There are several discrepencies as regarding his statement and witness statement before court (which is similar) and police complaint and in an evidence produced before a civil court , in which an altogether different version was given. What is the best remedy.....
Should i file under CrPC 340, or CrPC 245(2) or some other remedy . I am being falsely implicated and this i had mentioned in the FIR against him that he has threatened to falsely implicate me .
Please help.
Dr J C Vashista
(Expert) 23 May 2015
Move to High Court for quashing of FIR against you, if you have sufficient evidence.
Once FIR is quashed you can move for false prosecution (u/s 499/500 IPC) and/or compensation for the damages of your dignity and honour (Maanhani)
inder
(Querist) 23 May 2015
Sir, so far there is no FIR registered. He has made a complaint case u/s 200 CrPC.
T. Kalaiselvan, Advocate
(Expert) 26 May 2015
You have filed a private complaint and as tit for tat, he too has filed a private complaint against you. Now you have to conduct your case and contest his case on the basis of evidences in your possession. You cannot find any relief for such things at this stage.
