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Kabir (SE)     16 February 2014

False missing complain

Hi,

My Wife tried to put DV case on me but failed due to non-copertion from Poilce. By seeing her behaviour, I decided to stay seprate. Now she has filed the missing complain and not given my contact number or any of my family. I visted PS and given in writen that I am not missing.


Do i need to take care of any thing which might help me in future for any possible case from my wife?



Learning

 4 Replies

Biswanath Roy (Advocate)     16 February 2014

My advise to you is to file a written complaint in the local Police Station that your wife is intimidating you  posing threat for filing false cases against you , and also giving threat for injuring your and your families reputation in the society and thus she is alarming you to cause harm over phone. This will be a preventive measure against possible mischief in the hands of your wife. - B. N. ROY, Senior Advocate..

Shantanu Wavhal (Worker)     16 February 2014

file application u/s IPC 182 to police officer with whom she filed false complaint

 

Section 182. False information, with intent to cause public servant to use his lawful power to the injury of another person

1[182. False information, with intent to cause public servant to use his lawful power to the injury of another person.— Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant—

(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or

(b) to use the lawful power of such public servant to the injury or annoyance of any person,

shall be punished with imprisonment of either descripttion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Illustrations

 (a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or miscon­duct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.

(b) A falsely informs a public servant that Z has contraband salt in a secret place knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section.

(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assistants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villages or some of them. A has committed an offence under this section.]

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-com­poundable.

T. Kalaiselvan, Advocate (Advocate)     17 February 2014

Lodge a complaint with the same police against her narrating the details of her mischievous acts and to initiate appropriate legal action against her.

Kabir (SE)     02 March 2014

Can i apply a divorce based on her false FIR n Dialing 100 for DV ?


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