How to get justice against false fir
Prem
(Querist) 22 December 2011
This query is : Resolved
Hi,
Here I want to share some real story and let you know how people plays with Laws and innocents are always punished.
my father Parmanand Panigrahi(address: post-kohkapal, vill-parauguda, Distt-Bastar (C.G) is a social activist and in my village there is some public space where we used to do social works like durga puja etc.but These days that vacant place now has been occupied by one of the villager.being a social activist my father protested and filed a request to get back that area for society. Based on the request occupied place now has been freed. but one lady of that family as a revenge logged False FIR-(act-376) against 5 villagers including my father. This false FIR has been logged in hospital with the help of Police and doctor. Now all the villagers has clearly stated that no such incident took place in our village, but still we are not able to get bail..Most important part of this case is that that family are initiating and asking the society to return that public area(property) in order to do compromise and take the FIR back..
I would appreciate if I you advice me the best way to get justice...
Raj Kumar Makkad
(Expert) 22 December 2011
I think some delay has been made by you while raising this query. Had you raised this query on the same day of medical examination of that lady, I would have suggested you to demand medical investigation through a medical board.
Anyway, a false case shall remain false. Medical corroboration qua the report of FSL might be still pending to come on court file. If nothing is there, you need not worry. You shall have to fight on both fronts socially as well as legally by serious defending your case as well as socially collecting the evidence of lodging false case.
You may record the threat of the complainant or her family members qua the return of possession of common site of village. You should make a strong representation to the higher police officials and should demand a thorough and impartial enquiry in the case. Help of local MLA may also be taken for this purpose so that a true matter may come out.
Lodging of FIR is not the proof of its success.
Prem
(Querist) 22 December 2011
Raj Thank you very much for your reply.I agreed that some delay/negligence has been made by us. One more thing I want to mention here is in FIR it's mentioned It was attempt to rape(not rape)It was logged in 30th july and we approached MLA and also appealed in our society.Due to this it was published in local news paper and the TI(thane in-charge) has been transferred, at at the time of leaving the TI has added some non sense statement. All we came to know just 2 weeks before as new TI opened the case and filed it to court.
(please ignore the sentence as I am not aware of law words)
Devajyoti Barman
(Expert) 22 December 2011
Now you have no option but to fight the case , obtaining bail is of which the first step.
Afterwards you could either make copmpromise or fight the case in trial.
If there is abject falsity in the statement then I would advise you to rather face the trial than succumbing to their extortion demands.
V R SHROFF
(Expert) 22 December 2011
Old days, Evidence before king, means tell a lie, loose your life.
Now a days, Tell a lie, earn money!! Court never punish Witnesses. It increases Trial Procedure, and ultimately lead to injustice. More persons come with false FIR, False cases of Property Claim, 498a DV act, and bargain for compromises, : All fights for money, not for justice.
If all go away from Dharam, Niti, Royal & Religious Way, Road to happiness & peace.
All go for Quick, & Immediate Money , “Haram ka paisa, fatafat” What they buy is Tension, unhappiness, disease, Matrimonial problems, Jail, uncertainty of Life, immoral living, Disturbed Life.
THE RESULT: ACTS LIKE “FALSE FIR,”
Don’t Compromise:
Go for Bail, then expose their greed
Deepak Nair
(Expert) 22 December 2011
I suggest to fight the case with all your might. Try to collect as much as evidence and witnesses on your behlaf.
As advised by Mr.Makkad, you can report the threats to higher police authorities.
You can pray for a repeated medical test by an independant authority.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 December 2011
In IPC 376 complaint supported by doctor report is serious and no help even if you relate it with property isuues.
Only way out is get bail in normal course and contest the trial in which if victims story can be contradicted than only you can come out of it.
The sole testimony of victim is sufficient for conviction.
Shonee Kapoor
(Expert) 23 December 2011
OBTAIN BAIL
FIGHT IT OUT.
Merits would be seen by your lawyer for cross-examination now that medical opinion has been taken.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Prem
(Querist) 25 December 2011
Thank you very much for all of your advice.
Today we obtained bail for my father(still we have not obtained for other 4 people). Here I want to share one more important point which I missed out I added wrongly.
It will Answer the question why the opposition chose those 5 people out of 500.
My village is divided into 3 major streets. In order to get the social property back, it was decided to submit a request to tehsil office. and my father had the responsibility to get the request signed by street no-1 villagers and other 2 person took the responsibility for other 2 streets. on 24th july the lady's(who has filed FIR)son was trying to beat those two person(who got the request signed), and my father was also present there.at that time some people came and rescued them. those 2 person informed police by writing that we were about to be beaten and we had been threatened by lady's son.
Police came 2 days later and my father and 2 other was the witness of this report.
on 30th july morning police again came and resolve this issue by compromization. and in lady's FIR the inncident time is 30th july 11:30 PM.
I want to ask "JSDN -advocate DEFENSE" and all of you there must be something to get out of it.Remember everyone(more than 1000 people can support and stand by for my father if needed) knows its False FIR.
Only thing is how to let the court know?
Here I request you to please advice How to proceed from here On?
