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Surendra Parmar   19 May 2021

FAKE ALLEGATION OF SC ST ACT

Complainant have made false allegations against me and lodges FIR against me how to fight against this FIR totally fake allegations hve put on Complaint and irrevalent fact I'm from open category and the Complainant is belong to sc st caste and he hve taken the advantage of this act and I hve given statement to police and I hve said to IO to stop this FIR but IO refuse IO says that fight in court in this situation what to do how to quash FIR I know that under section 482 of crpc hve HC hve power to quash the FIR mean while if I dont wont to reach the HC and I hve to quash FIR in police station only with IO how to do thn IO hve taken bribe from complainant party and the Complainant party wants to damage my business style and my carrier reputation dignity he is taking Revenge against me but I'm innocent with help of his community sc st act he hve more right then me pls help me out from this situation I will highly obliged if anyone can advice me thank you in advance


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 5 Replies

Sankaranarayanan (Advocate)     20 May 2021

With your statement the complainant not interested to withdraw his complaint and police is also not accepted your request . Therefore you can find the remedy from the court  as pointed you  in your query. . 

G.L.N. Prasad (Retired employee.)     20 May 2021

The ball is not in your court and you can only deny/defend against all those allegations through a professional advocate.   Trust his competencies and follow his guidance.

T. Kalaiselvan, Advocate (Advocate)     20 May 2021

The IO cannot quash or cancel the FIR or the charge sheet.

If you are confident that the charges are false and the allegations are baseless, you can challenge the same in trial proceedings.

First you obtain an anticipatory bail  and challenge the false cse properly in the trial court on merits and on the basis of documentary evidences you rely upon to prove your innocence  and get acquitted in the case.

In my opinion, you may not get any relief even if you approach high court with a petition to quash the FIR because charge sheet is the base for the case, hence you can be able to defend your interests only after the charge sheet is filed before the trial court. 

Dr J C Vashista (Lawyer)     21 May 2021

You have been admitted in bail, protected by anticipatory bail or yet to be arrested ?

Even if false allegations have been leveled against you, you have the only option to contest.

Generally FIR shall not be quashed by High Court (under the provision of Section 482 Cr PC) in such a case, without being tried. 

Did you save something in writing SMS language in the facts posted by you ? You are seeking obligation of experts therefore, it is advisable to write and use proper language.

It would be better to consult and engage  a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

P. Venu (Advocate)     21 May 2021

What prevents you from posting the issue in simple sentences? Meaningful suggestions are possible only when the facts and issue is completely understood.


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