Misuse of power by police and court blindly following fake police report

ask-n-kno (Querist) 22 March 2016 This query is : Resolved
Dear learned members please give your valuable suggestions on the following-
Here is a very blatant ,real,every day example of,misuse of power by police-
5 physically physically robust people beat a relatively weak person a lot badly ,abuse ,threaten him,causing wounds,injuries bleeding on various places on body. when people in vicinity gather around, the group of 5 people left hold of that single person.
That single person calls the police control room ,but police doesn’t reach at the place to stop the ongoing offence,after few hours police call that single person to come to police station to give written complaint .
That single person was much wounded and in state of great shock,hence he could not go to police station immediately.The next day he went to police station with written complaint ,police registers FIR against those 5 under appropriate sections of law.( ipc 504,506,323,34,294).That person was medically examined by the competent authority which issues report about injuries ,bleeding,wounds.
After that police went to the spot of incidence ,makes panchanama,takes statement of witnesses,and after some days police completes the investigation,.

After 2 weeks ,these 5 people manage the police by bribe etc,and 1 among that group of 5 makes a false complaint to police that,on the very same date,time,place ,that single person had beaten them ,threatened,abused etc,
Police registers FIR against that single person under ipc 506,294,takes statement of these 5 people as witnesses and then submit both charge sheet to the court.
Both these complaints were investigated by the same person ,investigation officer,the totally contradictory conclusions derived by the same police personnel are-

1) in the first case case ,the same police I/O says ,after investigation ,enquiry to witnesses,panchanama etc, it
is established that ,the charges made by that single person are true,i.,e.,those 5 beat,threatened, abused him,
and those 5 are guilty of commiting that crime
2) in the second case ,the same police person( i/o),says that ,after investigation,it can be concluded that ,the single person beat,threatened,abused those 5 persons,and that single person is guilty.
Any lay man can understand that,either of the 2 versions or conclusions can be true ,both cant be true at the same time,
More over,the great irony is that,the same police person,with same mind,same physical,mental,other capabilities,attributes derives totally contradictory conclusions out of the exactly same situation/same facts,circumstances…( same place,time of incidence)
Any person with sound mind could never accept this
absurd,illogical thing..
It is like saying that, at the same light and darkness exist simultaneously,
also like,two plus two is 4 and two plus two is also zero..
It is the height of insanity,abuse of power by police
Court,dont read the case,blindly ask both parties to furnish bail bonds,and later begin the trials .
What can be done- against that corrupt police person , against the court who is acting blindly.
Is it that such things like same person making investigation deriving fully contradictory conclusions ,is probable,tenable,lawful..if the person would have been different for 2 cases than ,it can be understood that, conclusions may be different,
In such cases,it is permissible by law ,that same person may handle,investigate 2 such cases..

Is there any case law by HC ,SC ,which states that same person cant do investigation in such cases,
What is the duty,obligation pf courts( suo motto) when such matters come to it

The law is well settled that , fair trial , and fair investigation is the fundamental right , and court should intervene when investigation seems to be tainted,biased,unfair, dubious to prevent miscarriage of justice .
Also,prosecution has to prove the case beyond reasonable doubt on its own ,not on weakness of defence party

The second report /prosecution theory obviously sounds doubtful,tainted( investigation sounds tainted
, improbable,unreliable,illogical ) .
Hence in such case, is it not the duty of trial court ,instead of carrying out the full evidence , judge should have first summoned the I/O , who has made such forged report in second case , to ascertain , what exactly is the
truth
What are the available legal ,lawful solutions for this problem (say writ or any other way) to prevent such forged trials to take place .

and ,in the very first, what can be done to stay the trials..
as it seems to be abuse of law..

Thanks

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rajagopal.s (Expert) 22 March 2016
Hi
you should file a quash petition in the court to get the second FIR dismissed.
Also you can complain to the SP of the district against the concerned I/0 and definitely there will be a departmental enquiry and SP has powers to suo moto cancel the second FIR.

please also be informed that there is no specific order/ judgement preventing the second FIR being filed.
however courts do take cognizance of such instances and quashes the Fake FIR at the right earnest.