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Aftab4u (PVT EMPLOYEE)     31 August 2012

False fir !

Dear Experts,

 

Not done any contempt but  false FIR has been filed what action we can take on complainant and with out investigation can Police write FIR.



Learning

 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     31 August 2012

1. After falsity of prosecution/FIR is established you can initiate 182/211 via Police as it is a non cognizable offences. Defamation - civil and criminal remedies are also available. 

2. AS per the scheme of things in CRPC Criminal Procedure Code, registration of FIR is mandatory for the police officer if a complaint DISCLOSES any cogniszable offence. It is not required to be preceded by any investigation in to the truth or falsity of the same. Formal Investigation starts only after FIR is registered. However just because FIR is registered it is not a right for the police officer to arrest a person even in cognizable/non bailable cases. 

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