false fir in 406,409,420 on public servant
neeraj
(Querist) 21 December 2015
This query is : Resolved
Sir as I have discussed before that my dept lodge a for against me for embezzlement of 3.76 lakh now police file charge sheet in court after 130 days of fir but in fir there is not a single proof of taking money not a single paper that proof I have taken money and in some statement they use false person as govt employee and take statement that 8 month before I have seen me taking money.. And a person against whom I raid that I don't know when transformer install but I am seeing him taking money. And many more false statement.. Even for which money they r claiming that has a time period till January after that there was no sign remain that whether he was a consumer or not.
neeraj
(Querist) 21 December 2015
Such as a fair organized in town for 15 days and he does not take connection of electricity and doing theft with the help of some persons and after fair(mela) finished he come after 4 months and doing fir that I have given you money before that person who makes him theft. And no proof that he was given money not a single application not a single paper.
Sir I want to challenge this fir under section 482 . is it seems fit case for it . give me some suggestions for it also.
Kappil Cchandna
(Expert) 21 December 2015
Sir,
If Prima facie allegations are there then quashing becomes difficult, HC generally don't go much into evidence these days.... But yes if you think there is no material on record then you can argue at the time of charge framing and get a discharge from the court .....
Warm Regards
Kapil Chandna Advocate
9899011450
H.M.Patnaik
(Expert) 21 December 2015
Pl. go with the Expert advice.
Advocate. Arunagiri
(Expert) 21 December 2015
Is it a Trap case under prevention of corruption act?
Rajendra K Goyal
(Expert) 21 December 2015
Quashing would be difficult, defend the charges against you on merits.
neeraj
(Querist) 22 December 2015
No sir its not a trap case not any complaint case but its a dispute bw me and higher who make me to do wrong financial things and I appose them to do that and find there falts.so they lodge against me false for.
neeraj
(Querist) 22 December 2015
Sir while framing charges can courts takes my evidence as police don't take my evidence saying we can't investigate according you.
neeraj
(Querist) 22 December 2015
Sir while framing charges can courts takes my evidence as police don't take my evidence saying we can't investigate according you. Sir can I lodge a complain in crpc 200 for false fir.on proof.
