Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

babu (employee)     24 August 2013

Need help to file pvt criminal complaint - u/s 200

Hello All,

I have been acquitted in my 498a case in March 2013 and now that appeal period is over i wish to file a Pvt complaint against police IO and 498a gang for filing false complaint, hence need your help. I'm filing this pvt complaint through my parents, and i want them to file this complaint at my place only which is Hyderabad.
 
Some inputs about my case: Me and my family have been implicated in a false dowry case by ex-wife. IPC 498a, 307 (Attempt to murder) charges have been pressed on me.
 
1) They wrote a false attempt to murder case on me with a specific date (which is 12.01.2010 at 9 PM) stating that me and my parents went to her place ( which is Vijayawada) and tried killing her. For that incident i had a perfect alibi w.r.t. to a credit card transaction at my place (i withdrew cash in an ATM same date and same time at Hyderabad)...this is hightlighted in the trial court too and in my complaints to CID and DGP. post the FIR and based on my complaint to ADGP - CID, there was an enquiry which happened in my case.

For this incident, the IO and 498a gang, including her parents and other witness lied on oath and stated in the trial court that i came to Vijayawada and tried to kill her, whereas same time me and my parents are at Hyderabad.

The judge in my acquittal note had mentioned that it is impossible for me to appear at both places ( 350 kms apart) same time.

2) They played fraud on a govt doctor and put a false medical injury certifcate to support their false murder attempt story.
 
3) They invented a fictitious witness and in the trial prosecution gave up his name as witness bcos they could not produce him in court
 
4) They lied on oath to the trail court with false evidences and false witness and this is my ground.
 
My pvt. complaint is based on 498a gang and IO making false statements on oath and retorting to false evidence and committing fraud upon court in judicial proceedings those constitute criminal offences and criminal contempt of Court.

I asking court to take cognizance on Police IO for creating fraud upon public servants and creating false witness, framing incorrect records and filing false affidavits in Cr.P.C 161 and made dishonest statements on oath, police officer had committed crime and she must be punished under sections 120B, 167, 181, 195, 204, 209, 211 and 219 r/w 34 of the Indian Penal Code.

I asking court to take cognizance on 498a gang  for creating fraud upon public servants and creating false witness, fand made dishonest statements on oath, police officer had committed crime and she must be punished under sections 120B, 181, 195, 209 and 211 r/w 34 of the Indian Penal Code.

Pls let me know if my complaint and IPC sections quoted in my pvt complaint are correct.

I have few more queries: I have approached 4 lawyers to file this pvt complaint - they say that i need to file this complaint in High Court and SHRC and i cannot file this pvt complaint in my JFCM at my jurisdiction court and if at all, i need to file the pvt complaint at the same place where my case was acquitted.

So, pls clarify - can i file this pvt complaint at Hyderabad or do i need to file this complaint at Vijayawada only...why do i need to go High Court to file this pvt complaint ?
 
My pvt complaint is u/s 200 r/w Section 156 (3) of the Cr. P. C for the offences u/s 120B, 167, 181, 195, 204, 209, 211 and 219 of the Indian Penal Code.

Pls let me know if my CrpC approach is correct.

Every lawyer had discouraged me stating that i cannot file complaint against police IO but i'm no way going to give up..

My fight is against corruption, this IO demanded Rs. 2 lacs while filing charge sheet and i refused and instead went to jail for 26 days. Latter this corrupt demanded Rs.1 Lac before my trail started and still i refused, bcos i did no wrong.

We are complain about corruption, but hardly fight against it...i'm willing to fight and i risked my life fighting this false case and today i have a clean acquittal.

Pls need your help and kindly reply. Pls guide me to file this pvt complaint against the corrupt police IO and 498a gang..

Thanks in advance and appreciate this forum help.



Learning

 8 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 August 2013

you can contact to me over the phone or send a mail to me

Rajaramana RV (Employee)     26 August 2013

Dear Babu, Congrats on winning the case.

You should put it in High Court. n High Court, the verdict will help you more. Its advisable to go to High Court when you placing pvt. complaint of this nature.

By the way, how long did your case run as in when did it start and end? How much time it took?

babu (employee)     27 August 2013

 

Thank you Ramana,

 

Can you pls tell on what grounds should i approach HC ?  Normally i should go to lower court and if lower court does not accept my compaint then i go to HC for relief right ? So much confusion and problem to register a true complaint against a corrupt police IO ..

 

I got my first summons in June 2010 and framing of charges happened in Aug 2012 and her first examination in chief started in Oct 2012 and judgement was on March 2013...once the trial starts judge gave dates every 5 days... the time diff between judgement date and prosecution written arguments and my written arguments is just 15 days.

 

Infact my framing of charges was supposed to happen in March 2012 itself, but i denied and filed CrPC 311 and said i will not allow framing of charges on false FIR...opp party delayed my CrPC 311 by not filing counter for almost 2 months and judge finallly gave deadline to PP to file counter else he will close case, after PP filed counter, judge dismissed my CrPC 311 stating i have right to file my proofs only in trial and suggested me to go full trial...as a relief to my CrPC 311 he discharged A5-A7 and framed charges against A1 - A4 only....went through hell lot of emotions bcos none in that lower court and judge himself was not clear about CrPC 311...but i stood my ground and refused framing of charges on false FIR...we boldly told judge pls write your reasons to dimiss CrPC 311 and we will go HC for relief bcos it was a false case...

 

During my trial judge was annoyed quite a few times and threw my papers aside atleast 5 times, but he composed himself immediately and said - you dont be emotional - i know your case and nothing will happen to you.

 

On my judgement date, judge made a speech for 10 mins about misuse and apathy of police..that itself was a victory to me, i fell flat of ground and did pranaam to him, that moment judge immediately stood up and reciprocated with a namaskar to me and my parents...then i felt good still exists and God is still there..

 

This judge was a very good guy and no-nonsense person - even when i insisted that pls give long dates for 10 days bcos every week i cannot travel to court, he just said you dont come..i will proceed with trial.

 

Must say it was all heights and abyiss of emotional jiurney throughout this ordeal...so guys if you are true just fight, truth triumphs.

Sudhir (Un employee)     29 January 2014

Hi Babu,

You have done great job and pursuing fight against corruption.

 

I have so many doubts about your case how can i contact with u

Sudhirkumargoud@gmail.com


(Guest)

Hi babu,

 

Many Many Kudos to you Man....You truely deserve to be my Brother because your Fight was for your freedom and now End with Fight against corruption.It will be my pleasure to have you in our Team. I am with you man and really salute you for your work. Let us contact at below for more details on such case.

regards,

(ESIS)

 

Join hand’s to fight against Misuse of Law, their Legal extortion & terrorism.

 


Group:https://groups.google.com/forum/#!forum/498asaviours


Email: everysuffererisasaviour@gmail.com

                              AND                                 

Blog:https://everysuffererisasaviour.blogspot.in/

The value of freedom is measured by the cost of struggle,If you need freedom then you have to become a fighter ….as no other option.

 




 

Aashish George (lawyer)     30 January 2014

well, i would not suggest you go to the high court, its better to start from the trial court instead. the complainant can be prosecuted u/s 177, 182 and 211 IPC and a case of defamation also can be filed against such complainant,

INDIA (SELF)     28 June 2015

Hi Babu, I appreciate you a very much. I'm also facing the same type of false case. Kindly inform be the procedure to file case in CID I also belong to Hyderabad I'll follow your procedure and let us fight against such false and fraud cases against many innocent families. Please advice me email: indiahyd1@gmail.com

legaljoe68 (member)     03 August 2015

i am also one of you fighting corrupt police, court staff  and ..........against whom you can complaint but end up facing more harassement in court .

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register