Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Vijay Sharma (Sr Consultant)     19 August 2019

False witness in 498a/307

Dear Experts,

 

In 2015, my brother's wife lodged a false FIR on my parents, me and brother under IPC 307/498A. Later during investigation police officials remove my name from FIR as I was not in city during 307 incident date based on my cell location and emails accessibility and other electronic evidence bases. Still after 4 years case if going on. Now that lady presented a fabricated witness in court who gave the statement in court that he saw me during attempt to murder incident as he was passing through and he saw my parents too. Believe me, its a false case. Can you please please suggest what can we do now? Case is under Ghaziabad(UP) judiciary.

 



Learning

 7 Replies

Smith Clarkson   20 August 2019

i would suggest you to hire a cyber lawyer.

Smith Clarkson   21 August 2019

that's a good suggestion though. 

9Apps

Smith Clarkson   21 August 2019

Vinit Nair (Advocate Vinit Nai   25 August 2019

if that witness was speaking against you, you should have cross examined him properly. if not cross-examined, file a 311 CrPC application in court with relevant reasons stating that you were not able to cross examine that particular witness because of so so and reason and request the Hon'ble Court to recall the said witness, Hire a lawyer with impeccable reputation and best of knowledge so that you can cross examine that witness which will help to build your defence.

smithclarkson001   25 January 2020

I think u must hire a cuber lawyer

Smith Clarkson   10 February 2020

Saguna   18 September 2020

Hi

There have been several instances where somebody lodges false FIR against another person just to cause him injury and strain him mentally. The purpose of lodging a false FIR can differ from person to person, but a very few people know that there are legal remedies available for the victim who has been falsely fabricated. As you said that your brother's wife had filed a false FIR against your family and the matter is still pending, here are a few legal remedies that can help you. 

Firstly, you can file an application Under Sec.482 of Cr.PC for quashing frivolous FIR. These are the grounds under which an application can be filed under Sec.482 of Cr.PC. Just have a look and figure out if these provisions fall under your case as well: 

  • 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.

   There are guidelines by Supreme Court also where the false FIR  can be quashed under sec.482. For your reference, I am mentioning a case Law, (Sundar Babu & Ors vs. State of Tamil Nadu.) Please have a look, I am sure this will help you if you decide to go for this particular legal remedy.

Secondly, where a false FIR has been lodged by a person against an individual, such individual can approach the High Court for quashing such FIR by filing a writ petition under Art 226 of the Constitution. If the High Court found that great injustice has been done to such a person, it can quash such false FIR.

Thirdly, the person who files a false FIR against someone can be held guilty under Sec 182 & 211 of IPC, but only after the accused had applied to the High Court for quashing the false FIR lodged against him and the High Court had quashed such false FIR or if the accused is acquitted or discharged by High Court.

Fourthly, even police officers fall under this ambit. So if you think in your case, some policeman is helping your Brother's Wife by falsely lodging an FIR against your family, then you can even file an application u/s 156(3) or a Complaint u/s 200 of Cr.PC against such police officer for deliberately or negligently lodging false FIR.

Fifthly, you can also apply for anticipatory bail . You have the option to apply for the Anticipatory Bail under Sec 438 of Cr.PC. You can either apply to the High Court or the Session's Court for the grant of Anticipatory Bail.

In regards to your another query, I strongly recommend that you take proper legal aid as it appears prima facia that your troubles are increasing rather than getting out sorted.

I hope the remedies given by me in regards to the lodging of false FIR will help you and your case.

Regards

Saguna Patheja


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