False malafide fir
Querist :
Anonymous
(Querist) 14 October 2011
This query is : Resolved
Sirs,
One person Mr.Ravan due to enimity has filed false FIR with police u/s 12 (1b) & (2) of passport act against Ram my brother. Ram surrendered before court and was granted unconditional bail. Later police investigated the compliant and filed B final report specifically stating that this is false complaint lodged with intention to harass us. Ravan filed application for reinvestigation before JMFC court u/s 173(8) of Cr.P.C. which was erroneously/(illegally)allowed by JMFC court and the said B final report was sent back to police station and reinvestigation was ordered.
Accordingly police told us over phone to appear at police station and accordingly Ram went to police station the concerned officer was not present, so he submitted written application along with all relevant documents. After few days one police officer, Kumbhakarna came to our house for reinvestigation, that time Ram was not at home. So I requested police to issue a summons for appearance or written intimation about what information they desire, as already we have submitted all the relevant information. Also we told him that we are in process of filing an application with high court for quashing JMFC’s reinvestigation order. So kumbhakarna got angry and arrested me u/s 353 of IPC, by giving a false complaint on behalf of state that I have assaulted him.
Next day our application got filed in high court and high court gave stay on reinvestigation. After through hearing high court quashed the JMFC’s order due to its illegality (no permission from central govt. was taken as required by pass port act section 15,de facto complaint don’t have right to file application for reinvestigation u/s Cr.P.C 173(8) as per Supreme Court judgement in the case of – Reeta Nag Vs. State of West Bengal & Or [(2009) 9 SCC 129]and as there was no offence under passport act or whatsoever as all the relevant records, documentary evidences were already produced before JMFC court) . Subsequent to the high court order police again filed B final report in connection with passport act case specifically stating it was false complaint.
Also i filed complaint with CP about Kumbhakarna about illegal detention,registering false case by misuse and abuse of police powers and for manhandling and asked for what action has been taken udner RTI act. I was answered that i have not told to govt. doctor, about manhandling/beating at the time of arrest and before lodging me in lock up. I have not told to the court about manhandling/beating when i was produced before court for bail. for other points like illegal detention, abuse of power CP says Kubhakarna's complaint against me was found true as such police have filed chargesheet against me, and no action has been taken against kumbhakarna
Now my question is 1) what punishment ravan will get as it is proved that he has filed false FIR due to enimity. For the purpose what procedure should we follow? JMFC court will sue moto start the procedure or I will have to file separate case under IPC 211.
2) what should I do in the case pertaining to IPC 353? Whether offence under 353 IPC has occurred only for demanding summons or written instruction? Whether non cooperation/protest/resistance to enforcement of illegal order,( which has been quashed afterwards) amounts to offence under IPC 353?What punishment Kumbhakarna should get and what I have to do for it?
Kindly guide us
Thanks
kuldeep kumar
(Expert) 14 October 2011
UR CASE IS GOOD ONE..
REGARDING WHO SUO MOTO OR NOT I THINK COURT SHOULD FILE COMPLAINT AS OFFENCE OF 211 IS COVERED UNDER PROCEDURAL MISCHIEF OF SECTION 195 CRPC.AS REGARD OFFNCE OF 353 THIS IS MY PERSONAL OPINION THAT WHEN EVERYTHING WENT ILLEGALY HOW CAN A POLICE MAN IS SUPPOSED TO BE ACTING UNDER COLOR OF HIS OFFICE.WHEN HC QUASHED ORDER OF JMFC THEN IT JUST MEAN PROCEEDINGS INTIATED IN JMFC COURT ARE MALAFIDE AND IN MALAFIDE CASE HOW CAN ONE IS SUPPOSED TO BE ASSAULTING POLICE MAN WHEN HE IS ALREADY ASSAULTED AT THE HANDS OF WRONGLY USING POLICE MACHINARY.
I NEED OTHER EXPERTS OPINIONS TO CORRECT MY VIEWS.
Arun Kumar Bhagat
(Expert) 14 October 2011
Case for malicious prosecution can be filed against the Complainant.
You shall have to defend yourself from section 353 IPC in trial.
Shonee Kapoor
(Expert) 14 October 2011
You can start by putting an application for starting proceeding u/s 211 of IPC.
Also you can complain about the police office r for illegal detention to his superiors, he can be proceeded against departmentally.
Also you can sue the RAVAN for defmation and mental harassment.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
