Crl case by impersonation
vinod bansal
(Querist) 31 January 2012
This query is : Resolved
R/Experts
A person namely Suresh was having grudge against another person namely Ramesh s/o Satbir R/o Assandh ,Suresh with the help of his servent namely krishan hatched a conspiracy and Krishan was apprehended having illicit liquor by police and a crl case under excise act was registered by police against above krishan but it is pertinent and interesting to mention here that before police accused krishan disclosed his name as Ramesh s/o satbir R/o Assandh and police challaned him ,accused was released by police on police bail and above suresh stood surety for accused,later on case was compouded by depositing compounding amount and accused was discharged by DETC.After some time when Ramesh s/o satbir R/o Assandh went to SP office for renewal of his Arms Licence ,he stunned after came to know that as per police verification report a crl case was got registered against him,he made a complaint and now police registered FIR against suresh and krishan uss 420/34 IPC i want to know whether FIR under these sections is correct or other sections are applicable in these given facts.As i discussed with Ramesh ,by impersonation this case by registered due to enimity in between suresh and ramesh and suresh lodged this case only with a thought that after lodging of this false FIR Ramesh will never succeed in getting a government Job.Kindly advice regarding proper /correct sections of IPC in given facts.Regards
Sudhir Kumar, Advocate
(Expert) 31 January 2012
So you mean to say that Ramesh is fraudulently shown as a convict.
How does he know that Kishan has been used by Satbir?
Has the police while arresting Kishan (disguised as Ramesh) they may have rerecorded his finger prints. Did they?
Someone must has stood surety for bribe?
Whether Kishan had gone to Jail/ Whether any photograph finger print ws taken?
Whether police has done anything to identify the identity of the accused before bail.
If the story given by you is correct then he has a case to be registered. He should meet the SSP personally.
The case can be filed on various section. If he is not heard by Police he can approach state vigilance bureau.
Experts can also react to my idea
Can he file appear against the conviction on the ground that he was never caught with the contrabanned, he was never arrested, he was never prosecuted, he was never informed of the charge, he had no notice of the case.
V R SHROFF
(Expert) 01 February 2012
Agreed with Sudhir
vinod bansal
(Querist) 01 February 2012
Respected experts
Police has registered FIR uss 420/34 IPC against Satbir and Ramesh.Accused krishan who impersonated Ramesh was arrested by police and his signatures were obtained by police which were compare by police later on with signatures of Ramesh,Signatures were mismatched.Finger prints of Accused Krishen were not taken as case was bailable and he was released on police bail,now accused Satbir is on Interim Bail from Highcourt and krishan is absconding.This case/fraud was came to the knowledge of victim Ramesh when he read police verification report on his arms licence renewal form and there after he made a written complaint before SSP and after proper investigation case against satbir and krishan was registereduss 420/34 IPC.Kindly advice further according to these facts,my query is mainly on the sections applicable in present case.Thankyou very much.Regards
vinod Bansal Adv
