At the time of investigation police forged fir
Sadanand bhisaji Panchal
(Querist) 16 May 2022
This query is : Resolved
Respected Experts,
In 2015 Police registered false FIR against me U/s. 326 and 506 if IPC on complaint of lady known to me. On information, I obtained certified copy of FIR from Magistrate Court where date of offence was 08/08/2015. I filed Criminal Writ Petition in the Hon’ble Bombay High Court praying for quashing the FIR. After about 2.5 years, investigating officer filed charge sheet in the court and one copy tendered to me. In the FIR annexed to the charge sheet I found that the date of offence was altered from 08/08/2015 to 08/09/2015 by using whitener and also there found other fabrications. My Writ Petition is pending in High Court where Xerox of original FIR is relied. When I made Application under RTI to the Police Station, the Public Information Officer informed me in writing that the FIR Book containing original FIR is not available.
I do not know what to do. Kindly inform me as under:
1) Which FIR is reliable among dated 08/08/2015 and dated 08/09/2015?
2) Whether my Writ Petition become infructuous because of change in date of offence?
3) Which procedure to be followed in this case for quashing the FIR and to take action against the concerned Police officials who registered false FIR and then destroyed FIR Book?
Thanking You,
Sadanand Panchal
KISHAN DUTT KALASKAR
(Expert) 16 May 2022
Dear Sir,
My answers are as follows:
1) Which FIR is reliable among dated 08/08/2015 and dated 08/09/2015?
Ans: You have to rely upon an FIR which was primarily sent to the concerned Magistrate and it is the master document and which you can rely upon.
2) Whether my Writ Petition become infructuous because of change in date of offence?
Ans: It cannot become infructuous and you have a right to amend the contents of Writ Petition and change date of FIR. If it was so altered.
3) Which procedure to be followed in this case for quashing the FIR and to take action against the concerned Police officials who registered false FIR and then destroyed FIR Book?
Ans: It may amend the quashing petition with a prayer to initiate action against concerned Police officer.
P. Venu
(Expert) 16 May 2022
Your advocate is the person to guide you!
Dr J C Vashista
(Expert) 17 May 2022
1) Which FIR is reliable among dated 08/08/2015 and dated 08/09/2015?
Ans: You have received copy of Final Report, which FIR is the subject matter, i.e., whether it is FIR dated 08.08.2015 or 08.09.2015 ?
Besides this you know better than us when the alleged incident of grievous injury was allegedly caused upon the victim / complainant and / or which one is the subject matter in the writ petition stated to have been filed by you since you have stated to have obtained a certified copy from Trial Court and assailed in the writ petition.
You (or your counsel) are the only person to reply your question, which cannot be presumed by expert on this platform and you may agree the fact.
2) Whether my Writ Petition become infructuous because of change in date of offence?
Ans: No, there is no reason / incident of writ to become infructuous due to change in date of offence. Prosecution has to submit their version/ story qua date of incident, before the Court.
I have doubt over (respectfully disagree) regarding right to amend writ petition qua change of date of subject FIR being assailed, as advised by expert Mr. Kishan Dutt.
3) Which procedure to be followed in this case for quashing the FIR and to take action against the concerned Police officials who registered false FIR and then destroyed FIR Book?
Ans: a) Vague and subjective question have been posted qua procedure to be followed in this case for quashing the FIR. Please be specific.
b) What is the action sought by you in the writ petition against police officials who registered FIR ?
c) Unbelievable statement qua destruction of FIR book.
FIR cannot be destroyed, especially when the case has not been finally closed by the Court.
Pradipta Nath
(Expert) 17 May 2022
You will get benefit of doubt. Whitner cannot be used in a FIR so as to change the time of occurrence. There are many irregularities, which needs to be highlighted. Defend yourself by hiring a good lawyer.
