B summary report- cr p c 340/195

Querist : Anonymous (Querist) 04 January 2012 This query is : Resolved
Mr. X lodged a false FIR against me, fearing arrest and harassment by police, i surrendered before JMFC's court and was granted bail.after investigation police has filed B summary report stating that this is a false FIR. JMFC court passed discharge order.
I was not aware about police filing B summary report and subsequently discharge order issued by the magistrate as i was never summoned in court.
1)Can i file application before magistrate under Cr.P.C. 340 to start proceedings under s 211 of IPC in view of provisions of s 195 of Cr.P.C.
2) What is the time frame for filing the application under 340 Cr.Pc
3) How should the application be? I mean to say like any normal application in any proceedings with court fee stamp of Rs.10 or it should be like a private complaint.
4) Also i have complained to Commissioner of police about false fir by Mr. X and requested him to take action against him under IPC 211 and other suitable laws. What releif i can expect from commisiner of police? Can police approach court again by filing B summary with prosecution report?

Follow Query

Report Abuse

Shonee Kapoor (Expert) 05 January 2012
No.

Forget about it.

You could at most file for malicious prosecution if the One Year time limit is not over.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Devajyoti Barman (Expert) 06 January 2012
tHE pOLICE HAS POWER TO INITIATE ACTION U/S 211 CRPC FOR LODGING FALSE COMPLAINT. sO YOU BETTER PURSUE THAT RECOURSE.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now