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Discussion > Criminal Law > Further Action on a false FIR   Unanswered Threads Post New Topic

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There are 7 Replies to this message


Lawrence William


Service
[ Scorecard : 209]
Posted On 05 January 2010 at 10:39 Report Abuse

Dear Experts,

MR X had joined a rival group of company after getting an offer letter.The previous employer threathed through his HR head that if he joins the rival company they will defame him, harrass him and register a police complain.Mr X has got this threatining call recorded in his cell phone. Mr X aslo gave a writtn complain to the Police Comm  stating that he would be framed by the big people as addmitted in the tape. No action or inquiry made on this. Later the previous employer registered a false complain u/s 420, 467, 468 ,114 112- b etc. because of his contacts. Mr X failed to quash and get A/B from high court. The complainent has not given any proofs of the IPC to the police, but his intentio was to harras MR X and not to allow him to continue the new Job.MR X has all proofs to prove his innocence, but his apprenhension is that ,police may not take everything on records because they might be questioned later on for registering a false complain. Of course the police is not harassing the accused or his family but how can he put an end to this mis fortune? Going to jail and getting a regular bail is the only remedy? The IPC registered are grave but with no proofs as such it was to harrass Mr X. and keep him away from the new job.



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shamina sayed


Advocate
[ Scorecard : 167]
Posted On 06 January 2010 at 11:57 Report Abuse

Dear,

at first  i would like to tell you that FIR means first information report and FIR can be lodged by any person to the police and then police takes action on this FIR.at this staget he police arrest the accused person and within 24 hrs has to produce the accused person before the proper court.Now the most important thing is that without any sufficient evidence the police cannot arrest any one.If Mr.X is not yet arrested then he has to go to police and answer all the questions to the police.Mr.x has to give all sufficient information to police.if co operation is not given to police then how you expect police to do proper investigations.Mr.x has give all his clarifications and any evidence which he has with him.there is no solution by hiding.we can move to High court for Anticipatory or for quashing FIR .any other advice you need?then pls ask.

with best regards

Advocate shamina sayed.

contact 9324043366.



Lawrence William


Service
[ Scorecard : 209]
Posted On 06 January 2010 at 12:20 Report Abuse

Madam,

Thanks for your guidance..You are right ,MR X has to couregeously go and help the investigation officerfor investigation in the matter. His apprehension is if the police does not take his statements on record he may go in jail  u/s 467 & 468 which are grave in nature. Mr X had already gone for quashing and A/B but both were turned down by the honourable HC. As per your guidance Mr X will face the police. But what all things are to be kept in mind  while interogation is on? Waht is the process once he will surender? How soon can he get a regular bail, becasue there are absolutely no proofsagainst him of forgery, or cheating.



Nali Seshu Kumar


SOCIAL WORKER
[ Scorecard : 164]
Posted On 06 January 2010 at 12:48 Report Abuse

the question arises not at first person to x almost all police take the law to their own hands ,if un neccessarily the police trying to arrest the x  first move a writ petittion to squash the fir with interim direction to stop further investigation if so the police advanced dont worried the x has every chance to proceed against the defacto complainant as well as the police people under malcious prosecution the police people also responsible ,not to illicit the truth on false complaint  



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shamina sayed


Advocate
[ Scorecard : 167]
Posted On 06 January 2010 at 12:49 Report Abuse

Dear wilson,

as i told you just because the complainant is making allegation against Mr.x ,just on mere doubt the police cannot arrest M.x,there has to be some evidence.can you tell me which is this police station?

 



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Lawrence William


Service
[ Scorecard : 209]
Posted On 06 January 2010 at 13:50 Report Abuse

Madam it's in gujarat



shamina sayed


Advocate
[ Scorecard : 167]
Posted On 06 January 2010 at 14:19 Report Abuse

ok then u can give further details to my yahoo id :   adv.shamina@yahoo.com.

 



S.B.adil rahman


Legal consultant
[ Scorecard : 651]
Posted On 03 May 2010 at 08:07 Report Abuse

Hello Mr.Williamson,

Power of arrest has to be sparingly used when absolutely necessary in the interest of the investigation or to prevent the commission of any cognizable offence.In the instant case, when the bail has been rejected,ask the aggrived person to send the evidences by the registered post(not by courier) to the superior officer having jurisdiction in this case so that he may know the fact, send it to the OC who in turn will give it to the I.O. There are many ways to get your points on record but at the stage of investigation the courts have got no power to interfere except to grant bail, which has unfortunately been rejected.This means that there are materials on record. There is law to deal with the false cases and prejudiced police action under law like section 218, 220,211,182 IPC etc. but you have fallen in well, first get out of the well and then take action. If you shout on the offender down from the well ,he will not allow you to come out. And other thing more ,make a CD of the telephonic conversation and send a copy to the Police to analyse the fact.




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