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Hemraj Pandey   29 June 2019

False FIR

A counter FIR has been filed by an accused in a case which is not based on facts. The three people against whom the FIR has been registered were not anywhere near the scene of incident. Now is mobile location if the three is sufficient to prove that the three people are not involved in the case? And one person was on train at the time of incident for which train tickets are available. Shall be grateful to the panel for help as to how to go about proving innocence in the case? And what are the options for retribution once innocence is proved. Can we file defamation suit? And can any complaint be taken against the police officers who took a bribe and lodged false FIR


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 9 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     29 June 2019

Your defence is good defence however no one can predict without going through the papers. Further you can file defamation case as per judgement of the case. You should file complaint against said officer who has taken bribe. 

Hemraj Pandey   29 June 2019

Father of the victim family passed away last year. Sister of the victim along with her daughter of 8 years was there to look after the father as he was taken ill . Now the vicitim heightened the boundary wall and installed gates to secure the premises in his absence as he is working outside the district. The neighbour is a nefarious character who wants to evict them and seize the property. So one evening, he along with his family members attacked the mother and daughter duo and razed the new construction and also beat up mother and daughter. So, the son (referred to as victim) came and got FIR 323, 352, 427, 506 against the culprit and his family members who were involved in the attack. In the thana, the when called, the accused requested to be let off and prayed before the victim that he will repay the damage. But since he had beaten up the sister and daughter , the family wanted FIR to be filed. So the police filed FIR and medical opinion was also obtained which was positive for injuries sustained by the mother.It may be mentioned that the victim family had called 100 police helpline 4 times on the day of the incident.

Now, the accused, after 3 days got a cross FIR registered in the name of the son , the sister, Son's wife and husband of the sister that it was they who attacked his house with intention to harm his family under the same IPCs. It was learnt that some payment was also made to the SHO. This is the false FIR referred to by me. Now please see..

Hemraj Pandey   29 June 2019

Uttar Pradesh

Hemraj Pandey   30 June 2019

No arrests made in either case , Charge sheet w.r.t FIR filed by us submitted to the Court. We have sent a letter to the SSP with proof of alibi. Further action from Court is awaited. In our case as victim, injury report is from Govt Hospital

Hemraj Pandey   30 June 2019

Certainly will...I will have to obtain it from them. Where are u based sir?

Hemraj Pandey   30 June 2019

No...no not an issue... I will need their permission to provide details to someone whom we don't know personally....that s y I asked....

Hemraj Pandey   30 June 2019

Sir just becoz someone seeks opinion on public platform for a general guidance, what gives you the right to draw conclusions and judgement on personality of an individual. I did not seek out your personal help....it was directed to those who seek to help out others with minimum of fuss. Don't bother yourself...I DONT need your help...Let other members decide, if they chose to or to their best judgement whatever they wish to do.I hope this lays the matter to rest as far as you are concerned sir. We are all experts on our respective fields.

Hemraj Pandey   30 June 2019

हा..हा..अरे आप तो किसी और स्तर पर आ गए. मैं कोई वकील नहीं हूँ., पीड़ित के भाई मेरे अधीनस्थ अधिकारी हैं,छमा कीजिए, इस स्तर पर आपको क्या कहूँ, संयुक्त निदेशक, Prosecution, स्वयं यह केस देख रहे है, मेरे अधीनस्थ ने कहा तो मैने पोस्ट की, पर आप तो किसी और स्तर पर आ गए.. आपके वकालत के ग्यान पर संदेह नहीं, पर इस तरह पब्लिक एप पर तुरंत ही स्तर खो देना दुखी करता बै, पर यह भी इंगित करता है कि उन्होने नही देकर सही किया शायद....नमस्कार ओम प्रकाश जी, आशा है संवाद पर विराम लगाएगें.

Hemraj Pandey   30 June 2019

बै की जगह है पढ़े, त्रुटि हुई है लिखने मे, छमा चाहता हूँ

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