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ashok kumar (Social Worker)     03 May 2013

Action against complainant for making frivolous complaint

 

 

What action can be taken against a person who makes a complaint under Section 190 CrPC and a FIR is registered and Police is directed to investigate under Section 156(3) of IPC. The complaint is based on totally frivolous and wrong statements & concealment of the facts by the complainant. The police is also not making the right investigation & seems to be acting in connivance with the complainant. The real motive is to harass the accused to sign a compromise in some other matter



Learning

 16 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     03 May 2013

U have to file a complaint with the higher Police officials and thereby seek early and genuine and partial investigation in ur case. U can call me for any type of help. My cell no. is 9871158578

ashok kumar (Social Worker)     03 May 2013

Rakhiji

Pl guide me on this

 

The police is not making the right investigation and approaching the higher ups in the Police will also not help because the complianant's relative is a Addll DG in the Police.  Can the accused file an application / complaint with the same magistrate bringing the concealed facts / wrong statements of the complainant and asking for a direction to the Police to make proper investigation by taking into account the facts & documents provided by the accused.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     04 May 2013

repeated query, read you another post

ashok kumar (Social Worker)     04 May 2013

But my query is still not answered neither in teh previous post nor this one

Please read my query as to what have I really asked!

What action can be taken against a person who makes a complaint under Section 190 CrPC and a FIR is registered and Police is directed to investigate under Section 156(3) of IPC. The complaint is based on totally frivolous and wrong statements & concealment of the facts by the complainant. The police is also not making the right investigation & seems to be acting in connivance with the complainant. The real motive is to harass the accused to sign a compromise in some other matter.

 

The answers that have been provided by all my learned brothers & sisters only tell what is to be done to prove the complaint as false. But none has answered what I asked! I had asked "What action can be taken against a person who makes a complaint"?

 

 

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     05 May 2013

Ashok Bhai,

If case is pending in court against you which you know( you have evidance) very well that it is frivolous, than file a complaint u/s 211 ipc , application u/s 340 r/w 195 CrPC, than see the magic. 

ashok kumar (Social Worker)     05 May 2013

Thanks a lot Ashish Singlaji

But R U sure that even when the Police Investigation is on in the matter, you can make an application u/s 340 as suggested by you?

Secondly, R U sure that filing an application will stand the test of law in light of the wordings of the section 195(b) (i) of any offence punishable under any of the following sections of the Indian Penal Code,(45 of 1860) namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or

So if the complainant is making False allegation in a compliant filed in court under Section 190 based upon which teh court directs teh registartion of FIR under Section 156(3), does it fulfill the requirement of Section 195(b)(i) "when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court,"

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     06 May 2013

Yes, its tested tool in favor of innocent accused provided it must be on record that there are false proceedings are on against you and the final judgment still pending in that concerned court.

ashok kumar (Social Worker)     06 May 2013

Dear Ashishji

It seems that I have not been able to clearly put my point forward

In the instant case, there are no proceedings pending in the court, only FIR under Section 156(3) has been registered and the Police Investigations are still on but as I mentioned earlier The police is also not making the right investigation & seems to be acting in connivance with the complainant. The real motive is to harass the accused to sign a compromise in some other matter

ashok kumar (Social Worker)     06 May 2013

In the above explained circumstances , I mean where there is no case initiated or charge sheet filed but only FIR filed and olice Investigation on, can I still take recourse to the procedure explained by you?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     06 May 2013

Ashok Kumar (Social Worker)

1. It seems that you are hallucinating when you say that  "The police is also not making the right investigation & seems to be acting in connivance with the complainant. The real motive is to harass the accused to sign a compromise in some other matter"
NOTE:  No court or any official will accept this statement.  Whether the investigation is right or wrong, cannot be decided at this moment under any circumstances.


2.  Any cause of grievance on your part CAN arise only after the police investigation is concluded.  Your apprehensions by prempting is not justified at this moment and would amount to interference and/or influencing the police investigation. 


3. When you say "Can the accused file an application / complaint with the same magistrate bringing the concealed facts / wrong statements of the complainant and asking for a direction to the Police to make proper investigation by taking into account the facts & documents provided by the accused".
Well this is also not legally justified, since no cause is yet filed befor any magistrate and the magistrate court will ask you  to produce your documents /justifications at the time of trial.


4.  IF at all the Police Investigation is biased and subsequently files a false case in court, THEN as an aggreived accused, you may file for "quashing" proceeedings before the High Court, which will permanently jinx the false intentions of the Police and the complainants, citing your say "real motive is to harass the accused to sign a compromise in some other matter"


Keep Smiling .... Hemant Agarwal

ashok kumar (Social Worker)     07 May 2013

Mr Hemant

there is no legal term like "hallucinating" inCrPC

We are discussing a situation in terms of teh provision of CrPC and not in terms of literary expressions of some shakespere Drama. The question posed is very limited. U R suggested & requested to confine yourself to the points of law being sought to be clarified in teh query and then answer teh query


 

Section 211 IPC.of teh IPC says as under

211. False charge of offence made with intent to injure.-- Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be ..............

The wordings of the above section do not suggest that one cannot appraoch till the Police Investigations are on! In fact it serves teh purpose of law only when one brings any false statements to teh courts


Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     07 May 2013

Originally posted by : ashok kumar

Mr Hemant

there is no legal term like "hallucinating" inCrPC

We are discussing a situation in terms of teh provision of CrPC and not in terms of literary expressions of some shakespere Drama. The question posed is very limited. U R suggested & requested to confine yourself to the points of law being sought to be clarified in teh query and then answer teh queryrings any false statements to teh courts


 

YES, MY LORD.  Whatever you say is right.

It seems that the hammer has hit the head and the concept of  "real motive is to harass the accused to sign a compromise in some other matter",  is false, fishy and ficticious.

 

Keep Smiling .... Hemant Agarwal

Ziaur Rahman ( Practice)     12 June 2013

Dear Ashoke ji,

May I request you to plz study section 182 IPC also. May be it fits your case. More over you can also see section 218 and section 220 IPC. I believe that so long the police is investigating a case you do not have any ground to interfere by suggesting them to investigate the case in the manner you want. Not even a court can do this by directing as to how the police should act during the investigation.Keep your fingers crossed till the investigation of the case is completed and then explore the avenues for action after seeing the wrongs done by the police.

ashok kumar (Social Worker)     12 June 2013

Thanks U Ziaur Rahman Ji

Your valueable and specific guidance is gratefully accepted


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