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Aryan   26 September 2016

False police complaint

Hello Everyone,

One person has filed a false police complaint against me and my family members u/s 323, 504 and 506 for forcefully entering at his home and threatening. The court has issued us summons to attend the court personally or through a laywer. On the day mentioned in the complaint I was at a different place and my family too (We have the evidences). Let me know what action can i take?

Also let me know whether the indian law is this much weak that anyone can file an unnecessary false police complaint against the other and compel the other to face court proceedings.

Please let me what action i can take in this case as i want to come out of this as early as possible.

Thank you in advance.  



Learning

 6 Replies

adv.bharat @ PUNE (Lawyer)     26 September 2016

Aryan u need to explain every thing before the Honerable court. If u had not done any thing then u need not worry about it.

Indian judiciary is not such weak as u think about it.

If u like my suggestion then give THANK on my profile.

Aryan   26 September 2016

Thank you very much for your quick reply Bharatji.

But the laywer with whom i consulted has told me that we will have to attend the proceedings either personally or through laywer on the day asked for. He told me the exps of bail (Rs.5,000 per person) and lawyer's fees. He also told me that this case may take few months or 2 year to finish off. 

I am not getting, why are we required to face such PSYCHOLOGICAL and  FINANCIAL punishment?  

Isn't there any provision in IPC to stop this type of harrassment?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     26 September 2016

You can file in high court for cancellation of F.I.R. or attend the court as per summons as obedient to the laws give reply into the charge sheeted in the lower court.

Laxmi Kant Joshi (Advocate )     26 September 2016

Once case is filed then you have to present before the court , you can fight your case party in person , there is no compulsory to engage a lawyer , submit your evidences before the court and pray for relief / dismiss the case , give all the reply of his charges .

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     27 September 2016

Fight the case on merits, if you were on different place, file the evidence before the court.

anil   27 September 2016

no one file false case, so unless and until there is some motive.

so if you can explain motive then only experts can guide how to fight these type of cases , if a person has filed case then it means he might be having some proof to show it in court , and what is written in chargesheet what issue person is having with you. in a same way person can say that your / your family's presence in other place is false and fabricated if he can prove in court with some good stuffs , so beware of such tactics , IPC 504,506,323 are very dangeruous , next step by other person is to file a defamation case on you if you lost this case, so better go to court with all proof and fight of it , no need to get AB or bail at present , but you default in your attendence in court then its problem.

 

Moreover :: how can you say its false case , let judge decide,it  In india only judge has power to say whether case is false or true  and that also in written not verbely after looking all facts and proofs.


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