Cancellation of FIR?
Gokul
(Querist) 07 December 2015
This query is : Resolved
Sir / madam,
Sir, one lady who is 90 years old is getting attempted to rape. Initially the police officers had filed an FIR regarding the case to Unknown person by the complaint of that lady. She stated that she got attempt to rape and so she got bite, nail scratch and blood injured then she is not sure about the person.
The police officers are enquiring all nearby people and they finally trying to make one man to confess the case since to close an FIR but that man did not done a mistake and he is sure about it.
Hereby if opposition is not willing to charge that man means is there any chance to cancel the FIR?
SAINATH DEVALLA
(Expert) 08 December 2015
How do U come to a conclusion that the police are trying to involve man who has not committed the crime?
dev kapoor
(Expert) 08 December 2015
Hi,
Unless there is direct or circumstantial evidence,police personner ordinarily do nor rope in any person in a false case.Punishment of RAPE is very swear.Law requires-"when the charge is graver,evidence must be more trustworthy'.
Attempting rape of a woman of 90 is unheard of unless the person making attempt is ' sick & sadistic' This can be be scientifically proved.Police may 'zero on' any person but they will not ordinarily arrest your man.If your apprehension is,however, more reasonable, the best course is to seek anticipatory bail and file petition under S.482 Cr.P.C for quashing FIR,particularly against your man...
Rajendra K Goyal
(Expert) 08 December 2015
In case of such apprehension, he can approach higher police officers and / or may opt for anticipatory bail.
Gokul
(Querist) 10 December 2015
The lady is also saying that the attempt man is not the person that police told.
K.S.Srinivas
(Expert) 12 December 2015
In case of apprehension, better get anticipatory bail.
T. Kalaiselvan, Advocate
(Expert) 16 December 2015
Agreed with experts, he may try to get anticipatory bail and then challenge the allegations on him through court.
