False complaint filed u/s 307 is punishable ?
Athi Vishal HD
(Querist) 12 May 2015
This query is : Resolved
Respected Sir,
MY name is Prashanth, living in Bangalore City.
My wife involved in some un lawful activiities(to obtain false Certificates like Income certificate, Physically Handicap certificte etc.,)
After coming to know that, these unlawful activities are done by my wife colluding with her parents, I am being an Govt. Servant immediately started questioning about her illegal acts, she tried to commit suicide by hanging herself.
I immediately with the help of neighbours broke open the door and rescued my wife and admitted her to Hospital. I borne all the expenses to the tune of Rs.5 lakhs.
But hiding all these facts my in-laws filed a complaint in Police Station and the case is filed u/s 498(A), 307 IPC.
While submitting charge sheet to the court (ACMM Court, Bangalore) Police authorities dropped the 307 IPC based on facts mentioned in Medical Certificate and they submitted Charge sheet u/s 498(A), 504, 506 only.
In that charge sheet it is clearly mentioned that due to the continuous mental and physical torture given by husband(me) she tried to attempt suicide by hanging herself and there were no suitable witness to prove the charges u/s 307 IPC.
Based on charge sheet submitted by Police and the complaint given by my in-laws,
1) is it possible to file FIR against(u/s 182 IPC) my in-laws for giving false complaint? (for mentioning allegations like, I myself tried to kill my wife etc.,)
2) is it possible to file FIR against Police authorities for registering FIR(u/s 211 IPC)? (for regstering u/s 307 IPC)
Guest
(Expert) 12 May 2015
No prediction possible for vague and premature questions.
First defend your own case and prove the complaint false then think about any action against your in-laws. Your question against police is quite vague.
Have you asked these questions to your own lawyer? If yes, what is his opinion and if not, is there any reason for not asking your own lawyer, when he is fully conversant about the contents of FIR/ charge sheet?
Dr J C Vashista
(Expert) 12 May 2015
You have posted this query yesterday also,in slight different manner, isn't it?
Contact, consult and engage a local lawyer for proper analyzing, advise and proceeding.
Devajyoti Barman
(Expert) 12 May 2015
No complaint lies against the police or your in laws. You first come out acquitted and then may be suit for damages can be filed.
malipeddi jaggarao
(Expert) 12 May 2015
I too agree with expert advice of Shri Devajyoti Barman.
T. Kalaiselvan, Advocate
(Expert) 14 May 2015
Agreed with the experts opinions, first defend your case, get acquitted and then think of contemplating action against your in laws, in any case no action lies against police, dont get confused by misreading law, seek opinion from your own lawyer too.
