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Malafied Complain filed by complainantU/s 156(3) Crpc

(Querist) 10 September 2009 This query is : Resolved 
A complain with a malafied intention is filed aginst me which is prima facie false. The Megistrate who ordered to file the complain was personally approached, he said no revision can be made, although he adviced the same can be challanged in High court with application U/s 482. wht is the correct remedy. I am not intrested to go to high court as I am confident as it is a false complain the police will put FR other wise also but what is the proper permanent remedy this way any p[erson can play with your prestige & liberty as news paper publish on main page to defame you without any reason. Please advice.SATYA TIWARIriven
Kiran Kumar (Expert) 10 September 2009
Mr. Satyamani, u r very lucky that a judicial magistrate is giving u advise upon the matter.

if the FIR is registered against u then the best possible remedy is to approach the High Court under S.482 Cr.P.C for quashing the FIR.

but otherwise if the Magistrate was known to u then u could ve got it dismissed at the very inception.riven
Raj Kumar Makkad (Expert) 10 September 2009
Every accused proclaims same words as used by you. If FIR on 'wrong facts' has been sent by concerned magistrate under the provisions of 156 (3) Cr.P.C. for lodging FIR, what harm have you faced? How you came to know about the proceedings of the complaint as there has appeared no occasion to take part in the proceedings on your part. Mere lodging of FIR is not meant that case has been proved. better you bring the true facts to the knowledge of investigating officer. If facts of the complaint are found false, the complainant shall have to face criminal case under section 182. However, if you want to get the order quashed, you have no other option to approach High Court of your State.riven
Satya Mani Tiwari (Querist) 10 September 2009
Dear friend Although I highly value your suggestion, Do you know any body who is prosecuted U/s 182 crpc for filing wrong ful complain & till now what & how much Maximum punishment has be given to any one as per my knowledge( Not more then Rs.100/-) This section has just become a joke ( My personal opinion).riven
Raj Kumar Makkad (Expert) 10 September 2009
Satyamani how can you say that no one has been punished under section 182. I personally have got lodged this against various persons and some of them have also been punished. Some matters are still pending. Punishment is given as per law.riven
Shivasurya (Expert) 10 September 2009
Mr. Satyamani either file quash petition u/s.482 Cr.P.C. before the Highcourt or face the trial. My sugesstion is to file quash petition before Highcourt. after the quash petition allowed you can prosecute the complainant who filed false case against you u/s.182 Cr.P.C.riven
Kiran Kumar (Expert) 10 September 2009
Shivasurya concludes well.riven
Satya Mani Tiwari (Querist) 11 September 2009
Well no doubt Mr. Shivasurya adviced short & sweet, Now don't you feel I should wait for police to conclude their investigation as I have clear, precise, Coclusive alibi that at the given time I was on government duty at that time, it is concocted case to malify my respect.riven
N.K.Assumi (Expert) 11 September 2009
Agreed with Shivasurya and Kiran.riven
PJANARDHANA REDDY (Expert) 14 September 2009
WAIT FOR THE INVESTIGATION,ALWAYS U HAVE THE SECTION 482 CrPC TO GO FOR QUASH THE FIRriven
Satya Mani Tiwari (Querist) 22 September 2009
Mr. P Janardhana Reddy,

Thanks for the suggestion, I will wait for the investigation to conclude, I have Section 482 if otherwise. Whatever I will inform duly of the outcome.

Thanks once more,

SATYA TIWARIriven
Satya Mani Tiwari (Querist) 24 September 2009
Dear Friends,
I will wait for the police to conclude their Investigation thanks for your valued suggestions.

The matter is resolved.

Thanks once more.

Sincerely,

SATYA TIWARIriven


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