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Amit Kumar (individual)     20 December 2021

fake FIR @ up police

Hello sir,
a person is so much influencial that he is obstructing me to go for court's dates, because he is so much influencial that he can harass me through fake FIR because once he has done...please help me out of this situation..!!


Learning

 2 Replies

Anaita Vas   20 December 2021

Where a false FIR is lodged against a person by someone to falsely implicate him in a false case, then in such a case-

  1. 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.

 

Regards,

Anaita Vas

 

 

Amit Kumar (individual)     20 December 2021

thanks a lot for your help...

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