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indian_citizen (Service)     30 January 2016

False case under section 279 and 337

Hi All,

I was charged with a false case under section 279 and 337 by an unkown person in Meerut, who filed an FIR which mentioned that my car hit his bike from behind and due to which he got injuries on his head and somebody who was nearby saw the car no and wrote the car no. on his shirt collar with his blood. The complainent has mentioned my car no in his FIR.

I have never gone to Meerut ever, and the day this FIR was filed I was sitting in my office in Delhi. So cops came to my home, explaining that there is an FIR against this car no, and they have taken the address of the car from RTO.

I got all proofs for this from my office including digital attendance and other statements by security guards and other office colleagues. Even after submitting all these proofs, IO of the case was still not accepting these proofs as valid and, finally I had to goto to the DIG for some help. Finally when I showed the case to the DIG Meerut, he straight away called up the IO and scolded him for even registering such a case.

Finally a FR was sent by the police against the FIR and sent to the court. Now the problem came when I went to sell my car after around 2 yrs of this incident. The RTO has denied to transfer papers against my car, as the police had attached a copy of the case with my registered car. And now I am stuck badly. The police station says, that there job is done and now its the court who will decide the outcome. So I hired a local lawyer who then got the information that the complainent has not appeared even once for this case, and till he shows up in court, this case can't be closed.

So  can anyone please guide me on how to proceed with this type of case ? I've already sold this car and I need to transfer the registration of the car to the person's name who I've sold it to.  



Learning

 3 Replies

K.(P).Sree Devi (Sr. Lawyer)     30 January 2016

First you secure the information about the absence of the 'defacto'(the person who lodged report to poice against you) complainant, with the details of adjournments in the case and also the evidence of your presence somewhere else(as you stated in your question) i.e., in your office and if possible the affidavits of the guards of your office who gave statements before the IO and present all these papers before the High Court and seek orders for QUASH THE PROCEEDINGS in the false case created/fabricated against you. You can certainly get positive result in this regard. Then you file a case of defamation and damages against that person who filed false case. ALL THE BEST.


(Guest)

thats right. to prove there is always needed sufficient evidence. there if police has odne nothing soo far you can file quahs petiton...K.(P).sree devi has given best guidance..

thnks 

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     31 January 2016

As has been rightly advised by learned expert Ms.Sree Devi, you may move a quashing petition in the High Court with concrete evidence and in all possibility you may succeeed.


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