FALSE COMPLAINT AND QUASHING THE SAME

hello Mr. Sawant, i dont know to which particular query u ve replied....since u r an active participant here, I would like to make a little change in ur post.

 

No writ petition lies under S.482 Cr.P.C, only the inherent powers of the court are invoked for the quashing purposes.

 

hope u wont mind :)

sir  i was booked under false fir under sec 420 406 506 by my partner of my bussness it was civil case but he filed crminal case first and now he filed civil case too and freezed my all a/c of bank sb and cb with help of police

a/c which are freezed are not of partnership firm he false stating that is his money but i have all a/c of that money no charge sheet is filed till now i think they wont also they want me to compromise with him but fact is that i have take money from him

now i am working as consultent in one compny can i go abrod for bussness tour as my bail conditions their is no mentions about this matter most imp plz relpy soon if u want any more detail plz ask me

what if a false case is filed without any jurisdiction but magistrate refused to decide upon jurisdiction and insist upon accused presence who lives abroad and unable to attend the hearing

Dear sir,I am not  looking for this lengthy  and expensive process for an innocent accused who was issued with summons followed by a warrent to remain present at the court by a magistrate who does not have santion of law to issue such orders? Why the accused had to spend so much money and take trouble for the negligence of the magistarate who simply does not wish to follow the law while admitting criminal complain without jurisdiction then refused to accept an application and refuse to decide upon the jurisdiction for the reason best known to him.Surely there must be better and speedy  remedy for an accused, who lives abroad, to force the magistrate to decide upon jurisdiction for which he is refused to even accept the application. Any advise upon it pls.

The false  private complain was filed on  civil matter to pressurise the accused after applicant failed to get relief from high court in civil case and hence tried to convert into  a criminal matter by making false statment and facts to secure the magistrate' jurisdiction.The magistrate issue the process without applying his mind and refused to decide upon jurisdiction even after asked by accused to do so.Why the innocent accused spend money and time to approach high court just because magistarte issue a prcess without jurisdiction and later refuse to decide upon jurisdiction first.How to force the magistrate to decide upon jurisdiction first rather then approching high court for that matter?

How will you then interpret section 322 of Cr.P.C.Sir

The issue of process is also part of the same  judicial process takes place between inquiry and trial and hence jurisdiction issue can be raised at that stage and in fact as per recent judgemnet in the case of Fatma Bibi Patel v/s State of Gujrat  https://indiankanoon.org/doc/1882399/ ,Jurisdiction issue can be raised at any stage of the proceeding and it further says that order taking cognigence must be held whollly ilelegal without jurisdiction.Hence why  can't the magistrate be froced upon to decide upon jurisdiction when application is made along with evidence before he insist upon the accused presence? In my view the issu of summons  followed by warrent without jurisdiction is it self ilegal act  hence the accused is not obliged to follow such order.Looking for more participation from other member pls.

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

WITH REFERENCE TO FACTS OF THE CASE OF PS.MID ABOVE KINDLY NOTE THAT.

1.A FALSE COMPLAINT IS FILED UNDER CERTAIN PROVISIONS OF I.P.C. YOU MAY APPROACH HIGH COURT AND FILE A WRIT PETITION ON THE BASIS OF ILLEGALITIES AND GET THE F.I.R.QUASHED.

2.AS FAR AS CIVIL SUIT IS CONCERNED THE PERSON HAS BORROWED LOAN HENCE HE HAS TO DEFEND THE MATTER IN CIVIL COURT AND TRY TO PROLONG THE MATTER TILL HIS FINANCIAL POSITION IS RECOVERED. ANY APPLICATION FILED IN CIVIL SUIT IF REJECTED THEN REMEDY WILL BE IN HIGH COURT AND THE PROCESS TAKES QUITE SOME TIME AND THE PERSON CAN DELAY THE CIVIL SUIT TILL THE MATTER IS PENDING AT HIGH COURT.

IN CASE ANY FURHTER HELP IS REQUIRED KINDLY SEND DETAILS OR WRITE OR CALL.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Dear Prabhakarji,

  Awaiting yr response to my last mail.Pls.respond with yr valubale advise.

Dear Sir,
Can Any One Clearify me  I want to know what is the Section In Law Of India for False Complaint / FIR?

Waiting for your reply

sir  i was booked under false fir under sec 420 406 506 by my partner of my bussness it was civil case but he filed crminal case first and now he filed civil case too and freezed my all a/c of bank sb and cb with help of police

a/c which are freezed are not of partnership firm he false stating that is his money but i have all a/c of that money no charge sheet is filed till now i think they wont also they want me to compromise with him but fact is that i have take money from him

how can un freezed the a/c plz tell me any jugment the bank freezed does not belong to partnership firm all a/c are my a/c saving and my other business plz tell me how to go with case i am true and totally right but this way they are making me to compromise plz  guide me i  dont want to compromise but i am face lot of financal problem

 

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI), ADVOCATE

MOBILE.9271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE QUESTION ASKED BY PS/MD DT.8/4/2010 KINDLY NOTE THAT

1.FALSE COMPLAINT FILED UNDER SECTION 420 AND OTHER SECTIONS ,YOU MAY TAKE A CERTIFIED COPY FROM THE COURT OF SAID COMPLAINT AND APPROACH HIGH COURT UNDER SEC.482 OF CRIMINAL PROCEDURE CODE FOR QUASHING THE SAID COMPLAINT.HIGH COURT WILL STAY LOWER COURT COMPLAINT AND ON PERUSING THE RECORDS AND DOCUMENTS ON COURT RECORD, IN CASE NO SUFFICIENT EVIDENCE IS THERE THEN HIGH COURT MAY QUASH THE COMPLAINT AND ACQUIT YOU.

GOOD LUCK.

YOU MAY WRITE  OR CALL AND SEND DETAILS IN CASE YOU NEED ANY FURTHER HELP

THANKS

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE MOBILE.9271971251 e.mail.adv.nbsawant@yahoo.co.in e.mail.nandkumarbs@sify.com WITH REFERENCE TO QUESTION ASKED BY HUMTRUST SOCIAL ACTIVISTS ON 08/04/2010 KINDLY NOTE THAT, REGARDING FALSE COMPLAINT AND SECTION KINDLY NOTE THAT 1.THERE IS NO SECTION FOR FALSE COMPLAINT BUT IN CASE ANY ACCUSED IS OF THE OPENION THAT HE HAS BEEN ALLEGED FALSELY BY COMPLAINENT UNDER CERTAIN PROVISIONS OF INDIAN PENAL CODE AND ACCUSED PLEADS NOT GUILTY THEN HE MAY APPROACH HIGH COURT FOR QUASHING SUCH FALSE COMPLAINT AGAINST HIM UNDER SECTION 482 OF CRIMINAL PROCEDURE CODE. IT WILL HELP SAVE HIS TIME AND MONEY AND HARASSMENT FOR ATTENDING LOWER COURT ON COURT DATES.HIGH COURT MAY ACQUIT THE ACCUSED IF FOUND INNOCENT. THANKS AND REGARDS .