False police complaint
Aryan
(Querist) 26 September 2016
This query is : Resolved
Hello Everyone,
One person has filed a false police complaint against me and my family members u/s 323, 504 and 506 for forcefully entering at his home and threatening. The court has issued us summons to attend the court personally or through a lawyer. On the day mentioned in the complaint I was at a different place and my family too (We have the evidences).
The lawyer with whom i consulted has told me that we will have to attend the proceedings either personally or through lawyer on the day asked for. He told me the exps of bail (Rs.5,000 per person) and lawyer's fees. He also told me that this case may take few months or 2 year to finish off. Please tell me what action i can take in this scenario.
Also let me know whether the Indian law is this much weak that anyone can file an unnecessary false police complaint against the other and compel the other to face court proceedings. I am not getting, why are we required to face such PSYCHOLOGICAL and FINANCIAL punishment?
Isn't there any provision in IPC to stop this type of harassment?
Raj Kumar Makkad
(Expert) 26 September 2016
The power of law to which you are designating as 'weak'is actually its strength which provides a layman to take shelter of law enforcing authorities in case of any eventuality.
It is only court which have been given power to decide whether the case is false or true. How the statement of an individual without test of law can be treated as true or false. Why should one regard that you are not speaking lie?
If the complainant fails to prove his case and you all are exonerated from charges without benefit of doubt then you have also a right to initiate action against him and even you can claim compensation for malicious prosecution.
Aryan
(Querist) 26 September 2016
Thank you very much for your reply Raj kumar makkad Sir!
I am doubting the judiciary system because i am facing the harassment. Earlier my views were the same as yours. But today i am required to spare valuable time of my career and money in these proceedings. The petitioner himself is a lawyer by profession, Hence he is giving trouble to me and my family by these non sense methods. As mentioned earlier we have proper evidences, still we are required to prove our-self. As you said one can claim compensation, But what is the use of that as again i am required to fight with investment of time and money.
Don't you think these malpractices should be stopped?
Don't you think there is any alternative method to come out of this?
Waiting for your reply....
Raj Kumar Makkad
(Expert) 26 September 2016
Instead of asking from me about the alternative method, you might have shown some light to all of us so that we also might have stood strongly with you.
If you think that the case is false then you after getting bail, may approach to high court can get the FIR quashed.
No doubt money and harassment are inherent elements of our present judicial system which is time taking but none has provided suggestions for alternative disputes resolution system. I think when practically you are facing the so-called harassment then shall be in a better position to opine.
Waiting for your best advice so that I may use my resources to get them implemented if I am satisfied with those in the light of law and procedure on the subject.
Aryan
(Querist) 26 September 2016
Unfortunately i don't have that much knowledge of our judiciary system (Unlike the complainant), Hence i was looking for an advice from the experts.
I am disappointed with our system and want to come out of my problems.
Thank you so much for your reply once again!
Guest
(Expert) 26 September 2016
Mr. Aryan,
Your question, "whether the Indian law is this much weak that anyone can file an unnecessary false police complaint," sems to have been based on your assumption, as if law should start running without knowing whether any event is going to happen or actually happened.
Law is not a thing that come to the fore only before the event occurs. It comes to the fore only after the event occus, you may say for post mortem of the event.
Even if you lodge a false complaint with the police, what will be the guarantee that the complaint is true or false.
So, your question was not relevant to that extent.
About knowledge of judiciary system, it is not only, even more than 95% of the population of India may not be aware about the judiciary system.
Cimplaint i false or true has to be decided by the court after taking in to account the evidnce on record. The complainant has to prove offence against you and you, if there is any, whereas, you or your lawyer has to scuttle that down, if that is false.
Court gives dicision in favour of the party, who convinces that on his point.
Do that by hiring some capable lawyer.
Rajendra K Goyal
(Expert) 26 September 2016
We have to live with the system / procedure / law.
sometime uncalled cases / sometime harassing cases has to be faced.
Talk with some other lawyer and attend the court with lawyer.
R.K Nanda
(Expert) 26 September 2016
Nothing to add more.
Raj Kumar Makkad
(Expert) 27 September 2016
Merely getting annoyed is not the solution and accusations shall not work unless we provide alternate.
Rajendra K Goyal
(Expert) 27 September 2016
You said:
Unfortunately i don't have that much knowledge of our judiciary system (Unlike the complainant), Hence i was looking for an advice from the experts.
I am disappointed with our system and want to come out of my problems.
Thank you so much for your reply once again!
Reply:
No body is familiar with any system till he has to face the same, believe in your lawyer, move as per his advice, with the blessing of god, you would come out of the problem.
Actual life in lower courts is different than the shown in films.
Raj Kumar Makkad
(Expert) 27 September 2016
Even if the complainant is Lawyer in your matter, he is not above the legal provisions and checks and balances are more for his act and conduct. If he has filed false case against you and you get exonerated from charges beyond any reasonable doubt that you can move a detailed complaint to Bar Council of that State seeking expulsion of that lawyer from its membership and this shall be the real blow to him.
Guest
(Expert) 28 September 2016
I endorse the views of Shri Raj Kumar Makkad.
Rajendra K Goyal
(Expert) 28 September 2016
Well advised, agree with the expert raj kumar makkad.
Aryan
(Querist) 29 September 2016
Thank you very so much experts for your kind advises !!
