RK (Doctor) 14 June 2017

False cases to bend the people for settlement.

Dear lawyer community,

I have dowry cases on me for last few years which we got upper hand. I am NRI and court had removed LOC recently . High Court order for me to attend the lower court for two times , one for charges framing and another time for cross examination. I went to India after long time based on court orders.

Surprisingly, opposite party filed some new false cases and tried using police to pressurise for settlement .

1) IPC case 506 was filed on me in City-1 . Intestingly , the incident do not prima facie but the case was registed because MEgistrate directed which was stamped by Home Minister office. This is happened on the first day when I had landed. I did not live on the circumstances where the case was filed.

2) In town-2 , police went to my parents's home and asked them to come to police. My parents told that dowry cases are in City-1 and we have been attending court dates for many years so why should we come to your police station and dowry case juridiction is different to your police station. Police said you are accused so "any" police station have the right. Higher officials told us to settle the matter so we settle the case at any cost.

This is happened several 3 to 4 times by person and phone.

3) In town-3 , police went to my sister and brother in law place and took them to police station by snatching phones and yelling them in the street. In othe ploce station, CI told this is order from DIG to settle the cases asap. Otherwise we will file the cases on you. We told dowry cases in city-1 are false so we are fighting in courts.

CI harassed several times by ordering to settle in 2 days, etc...so my sister and brother in law had to leave the town-3 for few days.

4) In town-4, police pressurised the same but this time on my other siblings.

We thought of file WRIT PETITION on police but we don't want to waste our energey on police as we want to focus on opposite party. Some how , we explained police and pacified using our contacts for time being , though they have been playing tricks for few occations.

All of sudden , we came to know that there was false case (bailable and non-bailable sections) is registered in one of the ploice stations of In-town 3. Police never told that there was a case registered on us but they have been pressurising us for settlement by saying they will file the cases and arrest us.

I think they didn't tell the cases registered because they knew these are false cases and they may reveal to court if we file writ petition on police.

Now questions are

1) How to know the cases filed during/after I went to India to till date (just 3 months) which is across 1 city and 3 towns ?

2) Filing false cases is wrong as per IPC 193 so can we inform local judge or High court judge who can take this sumoto as per Crpc 340 ?

3) We have enough evidences where police pressurised from different police stations, even opposite party threatened by phone, some local rowdies, politicians, etc.. and asked to settle the matter otherwise consequences will be severe. Some people asked money for settlement.

In this scenario, what cases I can file on opposite party ?

I do not want to leave anyone who did harassement so please kindly address the questions above.

Thanks a bunch.

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2 Replies

Arjun Kohli 23 June 2017

In my opinion, there is a website called https://www.ecourts.gov.in/ecourts_home/ that you could use to verify records of any cases filed against yourself in the recent months. Also, filing RTIs in the relevant departments of Police as well as Courts, depending upon the nature of cases (cognizable or non-cognizable), any complaint was directly filed before any Court or any Civil Cases filed.

If any cognizable offences were filed against you, and during or after the preliminary inquiry, Police hasn't approached you with regard to such specific case, it has caused you material prejudice to defend yourself and you can later defend yourself on such grounds at the stage of framing of charges. Also, most non-bailable cases are usually cognizable offences and the police can make arrests after their preliminary inquiries, which lead to filing of an FIR. Once an FIR is filed, they can come and arrest you for such offence. However, since any such occassion hasn't come to arise, you can infer that such additional cases are not filed.
Yes, there are various offences which are listed under IPC against False cases, etc. Also, malicious prosecution is always treated harshly as it is not only a public but private wrong as well. You could also file a case of Criminal Defemation, coupled with it, as far as my knowledge is concerned.
In my opinion, you could move a petition before the High Court u/s 482, CrPC for quashing the various cases filed by your Wife and file all these evidences before the Hon'ble Court itself, thereby also requesting them to take appropriate action against the Police officials involved for the descripttttion more or less indicates Criminal Intimidation as well.

However, with certain details you have mentioned, I would strongly reccomend you to get sound legal counsel and assistance to tackle this issue and fulfil your quest for justice.

I would also like to request the esteemed experts for their insight into the matter.

Sudhir Kumar, Advocate (Advocate) 26 June 2017

You have to consder feasibility of filing writ petition. Given facts indicate that the opposite party haas a DIG who is freind or relative. Your advicate has to be consulted whjether or not he has to be made respondent. complainants will be respondents anyway.

WIthout this you can just forget about having time and energy to concenterate on the main case.