false cases
Querist :
Anonymous
(Querist) 29 December 2009
This query is : Resolved
A wife has filed FIR with following sections i.e. 498a, 406, 326, 323, 34 but in charge sheet (which has come on the 90th day) two section were removed those are 326 and 323 and added sec. 4 & 5 under DPA. Can a person file case with section 211 of CRPC for giving false charges? And on that basis can he quash 498a and other cases.
adv. rajeev ( rajoo )
(Expert) 29 December 2009
only after making investigation charge sheet will be filed. You cannot challenge the false charges.
Guest
(Expert) 29 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE FALSE CASES KINDLY NOTE THAT.
1.YOU MAY FILE A WRIT PETITION AT HIGH COURT UNDER SECTION 482 OF CRPC.FOR QUASHING THE FALSE COMPLAINT AGAINST YOU.
HIGH COURT WILL ISSUE NOTICE TO OTHER SIDE STATE AND ON GOING THROUGH DOCUMENTS ON RECORD AND EVIDENCE AVAILABLE ,IT NO SUFFICIENT PROOF IS THERE AGAINST THE ACCUSED PERSON THEN HIGH COURT MAY QUASH THE FALSE COMPLAINT AND ACCUSED MAY BE ACQUITED. PLEASE NOTE.
IN CASE YOU NEED ANY FURTHER HELP KINDLY WRITE OR SEND DETAILS.OR CALL.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
kanhaiyalal ojha
(Expert) 29 December 2009
I agree with the Nandkumar B sawant. You may able to file the complain case and proceeds with the trail to establish the case also.
K L Ojha,Advocate, Jharkhand High Court, Ranchi, Chamber at : Opposite Reliance mart, Kanke Road, Ranchi-8,Jharkhand. M- 094319020920.
Raj Kumar Makkad
(Expert) 29 December 2009
You have got no opportunity at this stage. You can lead arguments at the time of framing of charges by trial court and if no charge can be framed on the given investigation then those sections shall be deleted but on that basis, whole FIR cannot be quashed.
Kiran Kumar
(Expert) 29 December 2009
it is not advisable to approach High Court at this stage.
the trial court may or may not accept the challan presented by police, and if court finds it to frame charges then you can argue on merits before the trial court itself.
if still agrieved then may file revision against charge before the higher authority.
as far as quashing u/s 482 Cr.P.C is concerned, the HC does not interfere in every case, for quashing there has to be gross illegality....in fact in no. of judgments Hon'ble SC has confined the scope of S.482 for quashing purposes.
you may have good case on merits before the trial court but may not have enough for quashing.
one more thing under S.482 Cr.P.C writ petition is not maintaible...S.482 talks of inherent powers of court, writ jurisdiction is under Constitution of India.
Ajay Bansal
(Expert) 30 December 2009
First of all let the case be decided on merits by trial court.If the judgements comes in your favour with finding of false case,then you can move an application u/s 340 Cr.P.C for prosecuting your wife u/s 211 I.P.C.
