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senthil (SSE)     13 August 2013

Help me on fake police complaints

Hi All,

Please help me on the serious problem, we are facing through police 

There was a civil case between my family and my relative about  a property rights, and we got the judgement favour to us.

But my relative started to give fake police complaints against us with some pribe. Already he filed 2 fake police complaints in two different police stations, but we came out of that with help of lawyers.

He threatens us "untill he get the property he is going to file complaints in police station".

He is trying to get the proeprty through police complaints.

It looks like he is going to make complaint like "my family attacked him with rowdies,...". so that he can remand my mother and sister in police station and threaten us for the property.

My mother is 60 years old , she is already sick with some spinal guard problem. She can not handle even small shocks.. 

Please help me to save my family from this problem...

is there any option to stop some one from file fake complaints?

 

 

 

 



Learning

 7 Replies

Manoj Kumar Jain (abc)     13 August 2013

Tit for tate i.e counter  blast

Kolla Gangadhar (Practicing Advocate since 1986)     13 August 2013

You file Petition  under Section 482 Cr.P.C. in the High Court  to quash Criminal cases filed against you. You file Writ Petition  for Police Protection.

Ad Amjad Ali (Advocate )     14 August 2013

You did not mention whether police reported FIR or not. If the subject matter of FIR is same as in previous FIR. Get copy and filed against him FIR for filing false FIR. Complaint local police authorty regarding this complaint. If nothing else do, Go to high court for quashing FIR .

senthil (SSE)     14 August 2013

Thanks Gangadhar and Amjad for your response

Actually everytime he fiing a new complaint.

First time he filed a complaint in land graping department and police was reported a FIR, but we gave petition to SP through our lawyer and explained the case details. Finally SP canceled the FIR by stating that it's a civil disbute, so both the party has to approach court for this problem. so the problem was solved at that time.

Now he threaten us  he is going to file a criminal case against us  like   "he was attacked by rowdies" with some fake witness. he is not ready to approach court for this problem as he don't have any points..

Ad Amjad Ali (Advocate )     15 August 2013

Take his threat seriously and report in the police before his action, or simply written application to police authorty . You will be save in case of his false FIR .

1 Like

senthil (SSE)     29 August 2013

Thanks for your reply. we are facing a serious problem now. Please help me

He filled a criminal suite against us states that "He was not aware of the civil case which is closed on 2001.  He says every thing is fake".

He was appointed a lawyer for that 2001 civil case. He signed in vakalathama, and he signed in the court summon also. Everything send to  his address in registered post.

But he telling that he was not signed in any documents. it's a forgery that some one signed in his place.

He is denying every thing about 2001 case and framing us like criminals.

He filled a criminal suite against us and requested a remand action to the magistrate. we are expecting the police action soon..

How can i prove that he is lying and it's his own sign ? who can prove this?

Please help me on this problem and share if any one faced this same problem. I am very scared about this..

 

Nitish Banka (lawyer)     22 March 2018

Posted by: nitish788  Categories: Criminal Law 
 

 

How to take help of police when there is no FIR?

Police plays a vital role in collection of evidence and facts which is heart and soul for a criminal case. The main role of police in criminal case is Search, Seizure and interrogation. It is widely believed that the role of police starts after the registration of FIR which is under 154 of Cr PC or when magistrate  directs the registration of  FIR and investigation under 156(3). but will happen if your 156(3) is also dismissed and no FIR is registered in your case. The answer is complaint under 200CrPC.

Brief about 200 CrPC

The provisions of 200 CrPC are of different nature and is made for people who can prove their own case without the intervention of police that means there is no requirement of search and siezure in the case and complainant has material to prove a criminal case. Generally offences like cheating, forgery, criminal breach of trust  are good cases to come within the ambit of S. 200 Crpc.

police

Role of police in 200 CrPC

The role of police in 200 CrPC is defined under 202 CrPC

 If an investigation under sub- section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Code on an officer- in- charge of a police station except the power to arrest without warrant.

The role of police is limited when it comes to inquiry under 202 Crpc and magistrate has to record reasons before initiating such inquire and specifying the scope of inquiry.

Judgments on role of police in 200Crpc

In Kewal Krishan vs Suraj Bhan and another AIR 1980 SC 1780 “Further, the inquiry under Section 202 is of a limited nature. Firstly, to find out whether there is a prima facie case for issuing process against the person accused of the offence in the complaint and secondly, to prevent the issue of process in the complaint which is either false or vexatious or intended only to harass such a person. At that stage, the evidence is not to be meticulously appreciated, as the limited purpose is to find out “whether or not there is sufficient ground for proceeding against the accused”. The standard to be adopted by the Magistrate in scrutinising the evidence is also not the same as the one which is to be kept in view at the stage of framing charges. At the stage of inquiry under Section 202CrPC the accused has no right to intervene and it is the duty of the Magistrate while making an inquiry to elicit all facts not merely with a view to protect the interests of an absent accused person, but also with a view to bring to book a person or persons against whom grave allegations are made.”

 In Kewal Krishan vs Suraj Bhan and another AIR 1980 SC 1780, to the effect that the standard to be adopted by the judicial Magistrate in scrutinizing the evidence is not the same as at the stage of framing charges. At the stage of Section 204 Cr.P.C., if there is prima facie evidence in support of the allegations in the complaint, that would be sufficient ground for issuing process to the accused. Standard of the said evidence so collected to sufficient grounds for proceeding further is lower than the one to be adopted at the stage of framing charges. It is always open to the Magistrate to weigh the probability and prima facie truthfulness of the evidence produced at the preliminary stage and to form an opinion that no ground exists for proceeding against the accused by passing a speaking order. Wide discretionary power has been conferred u/s 202(1) Cr.P.C. to postpone the issue of process and to either hold an inquiry himself or to direct an investigation to be made by the police officer as he thinks fit, for Cr.Misc. 54913 M of 2007 – 20-

the purpose of deciding whether or not there is sufficient ground for proceeding. When a statute gives wide discretionary power to an authority or Court to adopt any one of the procedures prescribed under law, it becomes mandatory for the said authority for recording reasons for exercising the power even if the statute does not expressly enjoin upon the said authority to do so. It goes without saying that the reasonableness of the exercise of discretion can be decided keeping in view the object, which the statute seeks to achieve while granting discretion.

Magistrate to apply judicial Mind

In Ranjit Puri and others vs Uggar Sain1974 Crl.L.J. 1229, an order passed by the Magistrate, not recording reasons for postponing the issue of process and directing the police investigation was set aside by the our High Court. The order directing the police to investigate the matter, after preliminary investigation and the order of issuing process without proper application of judicial mind, was held to be bad.

Conclusion

The police does not have unfettered powers of investigation in 202 unlike 156(3) but still police can get involved in cases pertaining to  200 crpc but for a limited purpose.

 

By Adv. Nitish Banka

Practicing Advocate in Supreme Court of India

nitish@lexspeak.in

 


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