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action against false alligation and fir


What to do if some one file a false FIR against someone?
 
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file a counter fir against the false fir
 
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Retired employee.

Mere registering of FIR can not establish the crime, and the police should further investigate and file in the court and state to the court that it is a false complaint and then the alleged person may file a case of defamation etc., depending on such statement filed in court by police.  Contact a criminal advocate.  The police also conduct an investigation and collect documentary and oral statements during such investigation.

 
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Application filed u/s 482 of Crpc for Quashing frivolous FIR

The Application can be filed by a person under Sec 482 of Crpc to the High court for getting the frivolous FIR filed against him quashed.

Sec 482. Saving of inherent powers of High Court. Under this Section, High court has been vested with the inherent powers to pass any order which is necessary in order to-

  • Prevent abuse of process of Courts; or
  • To secure ends of justice to the people.

In Som Mittal v. Govt. of Karnatakathe Supreme Court held that,

  • When grave miscarriage of justice would be committed if the trial is allowed to proceed; or
  • Where the accused would be harassed unnecessarily if the trial is allowed; or
  • When prima facie it appears to Court that the trial would likely to be ended in acquittal.

Then the inherent power of the Court under Section 482 of the Code of Criminal Procedure can be invoked by the High Court either

  • To prevent abuse of process of any Court, or otherwise
  • To secure the ends of justice

Grounds on the basis of which one can go to High Court under Sec 482 of Crpc for Quashing a frivolous FIR

The Person can approach the High Court for getting the false FIR quashed by filing an application under Sec 482 of Crpc on the following grounds-

  • The Acts or omission on the basis of which the FIR has been lodged does not constitute an offence.
  • The Offence for which the FIR has been registered against the accused has never happened;
  • The FIR contains merely baseless allegations without any reasonable ground to prove an offence against the accused.

In the case of Abasaheb Homme versus the State of Maharashtra, it was held that the power of the court to quash the FIR should be exercised sparingly and subject to the satisfaction of the condition precedents to exercise of such power.

The doctrine of inherent power is the basic support for the exercise of such power. The court is invested with such power to do justice and to ensure that basic rule of law is not violatedIn the provisions of section 482 of the Code. Power to quash is one of the powers where the court would be empowered to quash the FIR or even a criminal proceeding in furtherance thereto;

Different stages when Application under Sec 482 can be filed for quashing a false FIR

The Application under Sec 482 of Crpc can be made to High Court for getting false FIR quashed-

  • Before Filing the charge sheet by the police;
  • After Filing charge sheet by the police;
  • During the pendency of Trial or after the Commencement of the Trial.
  1. Before Filing the charge sheet by the police – Where an application has been filed by a person under Sec 482 of Crpc for getting the FIR quashed, The High court can quash such false FIR if it is against the principle of Natural justice cause a grave miscarriage of justice to the victim.The court also has the power to reprimand such police officer or can issue certain directions for such officer.

2. After Filing charge sheet by the police – If the charge sheet has been filed on the basis of frivolous FIR, and the case is committed to session judge and before commencement of trial, the accused can file a discharge Application u/s 227 of Crpc, in order to get discharged from the offence charged with on the basis of false FIR against him on the following grounds

  • That the charge sheet contains no prima facie evidence against the accused in respect of the offence with which it is charged.
  • The trial cannot be commenced against the accused because of insufficiency of evidence on record.
  • The evidence on record is inadmissible as evidence under the Indian Evidence Act.

3. After the Commencement of trial – If the discharge Application u/s 227 of Crpc filed by the accused has been rejected by Session court, and the charge is framed and the trial is commenced then Application under Sec 232 of Crpc can only be made for the Acquittal of the Accused.

Guidelines by Supreme Court where the false FIR can be Quashed u/s 482 of CrPC

The Guidelines has been laid down by Supreme court explaining the Circumstances in which the False FIR can be Quashed in Sundar Babu & Ors vs. State of Tamil Nadu.

  1. Where the FIR lodged against the accused does not contain any prima facie evidence against the accused in respect of the offence with which it is charged.
  2. Where the allegation made in the FIR does not disclose any Cognizable Offence against the accused.
  3. Where the Allegations made in the FIR and the evidence collected by the police on the basis of such evidence does not disclose commission of any offence that constitutes a case against the accused.
  4. Where the offence disclosed in the FIR is a non-cognizable offence in such a case, the police cannot start the investigation without the order of the Magistrate u/s 155(2) of CrPC.
  5. Where the Allegations made in the FIR are unbelievable, absurd that there is no ground to initiate the proceedings against the person.
  6. Where there is an express bar to initiate the Legal proceedings in any Act dealing with criminal matters.
  7. Where the FIR has been lodged Maliciously or proceedings are instituted wrongly, in order to falsely implicate a person in a false case to satisfy his personal grudge.

Writ petition under Art 226 of Constitution

Where a false FIR has been lodged by a person against an individual, such individual can approach the High Court for quashing such FIR by filing a writ petition under Art 226 of the Constitution. If the High Court found that great injustice has been done by to such a person, it can quash such false FIR. In Such a case, The High Court can issue writs of-

  • Mandamus writ- Writ of Mandamus can be issued against a police officer who has lodged such a false FIR directing him to perform his duty in a lawful manner;
  • Prohibition Writ– The Writ of Prohibition can be issued to the Subordinate Court which is conducting the trial of a person which is based on false FIR lodged against such Accused, in order to Stop such criminal proceedings.

Is there any Punishment for a person who lodges a false FIR against someone?

The person who files a false FIR against someone can be held guilty under Sec 182 & 211 of IPC, but only after the accused had applied to the High Court for quashing the false FIR lodged against him and the High Court had quashed such false FIR or if the accused is acquitted or discharged by High Court.

(A) Where the person lodged a false FIR against an Individual, that individual may u/s 182 of IPC file a complaint with the police officer with whom such FIR has been lodged or to his Senior police officer, who is empowered file a case against such police officer who has lodged the FIR before the Magistrate court.

What section 182 of the Indian Penal Code has to say about lodging of false FIR

There are situations where a person knowingly facilitates false information to public servants causing wrongful loss to others. Our legal system has prescribed punishment where a person maliciously furnishes false information to a public servant.

Situation – When a person furnishes false information to a public servant thus making him do an act which under the law, the public servant must not have done or convinced him not to do something (omission). An example is, X registers false information of theft and blames Y for the theft in the FIR. X knows Y is not guilty of the theft, however, uses the legal machinery for wrongful gain to himself. This situation will be covered under the ambit of section 182 IPC. Causing of injury is one important aspect which must be present in any act or omission.

Punishment for such act is

  • Imprisonment which may extend to six months, or
  • With fine which may extend to one thousand rupees,
  • or with both.

Harbhajan Singh Bajwa vs. Senior Superintendent of Police, Patiala & Anr., it was held that:

“Whenever any information is given to the authorities and when the said authority found that the accusations made in the complaint were false, it is for that authority to initiate action under Section 182 I.P.C. The offence under Section 182 I.P.C. is punishable with imprisonment for a period of six months or with fine or with both.

When the authorities themselves found after investigation that the accusation made by Ashwani Kumar in his complaint was false, it is for them to initiate proceedings immediately or within the prescribed period as provided under Section 468 Code of Criminal Procedure.

The acceptance of the cancellation report by the Court is immaterial. It does not save the limitation under Section 468 Cr.P.C. which prescribes the period of one year for taking cognizance if the offence is punishable, with imprisonment for a term not exceeding one year.

Since the offence under Section 182 I.P.C. is punishable with imprisonment for a period of six months only, the authority should file the complaint under Section 182 I.P.C. within one year from the date when that authority found that the allegations made in the complaint were false.

Since more than four years elapsed from the date when the authority found the allegations were false, no question of filing any complaint under Section 182 I.P.C. at this belated stage arises”.

(B) Under Sec 211 of IPC, the Accused person against whom false FIR has been made can file application u/s 156(3) or a Complaint u/s 200 of Crpc before the Magistrate Court against such person.

What Sec 211 of IPC has to say when a person has been Falsely charged with an Offence?

Situation- When a person with the intention of causing injury commences any false criminal proceedings or makes any false charge against any person, then the person is liable under Sec 211 of IPC. Example – A instituted false proceedings against B under a false charge of Defamation with intent to cause injury to his reputation and he knows that B has not defamed him, therefore this situation will come within Sec 211 of IPC and A would be held liable under this section.

Then, such person shall be punished with-

  • Imprisonment which may extend to two years, or
  • With fine, or
  • with both; and

If such criminal proceeding has commenced on a false charge of an offence which is punishable by Death or imprisonment for life or Imprisonment for 7 years or upwards, 

Then such person shall be punishable with-

  • Imprisonment for a term which may extend to seven years, and
  • Liable for fine.

(C) Sec 250(2) Compensation for accusation without reasonable cause – If the Magistrate acquits the accused against whom the false FIR has been Made, then he can claim for Compensation u/s 250 of Crpc against the person who has lodged such false FIR against him.

Whether a police officer can be held liable for deliberately or negligently lodging false FIR against a person?

The Instances of harassment of a common man and usually the poor person by the police is not an uncommon or rare thing. There are various instances in news every day where the person being harassed and tortured by the police by deliberately or negligently lodging false FIR against the person. In such a case, the common man is put to great hardship.

In such a case, the Accused person can file application u/s 156(3) or a Complaint u/s 200 of Crpc against such police officer for deliberately or negligently lodging false FIR.

Under Sec 167, 218, 220 of IPC, the police officer can be held guilty of deliberately lodging a false FIR against a person with intent to cause injury to him


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