siva (DoP) 28 February 2011

how to erase arrest record under false case sec 427 & 506

First accept my sincere thanks for providing a great advice.

My parents has land(&small house) in a town 300km from Hyderabad,Andhra Pradesh. We allowed a distant relative to use that small house for last 7 years(there are no agreements). Meanwhile he became Counsellor/Corporator and got little political influence. Now he declares that, he wants to buy it for 1 lac (technically he grabbed land).

I recently returned from USA and spoke to him, of course not a pleasant talk.

Now one fine day he demolished that small house and filed a complaint with police that me and my father demolished his workshop. Police called us and my father has shown all relevant documents that the land belongs to us. Police said they cannot file a complaint.

He went local MLA(notorious for land grabbing) along with his fellow counsellor. Upon the pressure from MLA, police registered the complaint and filled FIR.

Again police called me and my father and declared that they have arrest warrant under section 427 and 506, and since this is a non-cognizable offence, we can easily get a bail. (Of course they have created eye witness)

under tension Without having any choices, we got arrested and got a bail.

Later we found that this is their modus operandi to grab lands, first file false FIR and threaten us with dire consequences. Since I may go back to US, now they created arrest record and big problem for me..?

My lawyers tells me that it is a weak case, we can easily win in the trial. I can easily prove that I am in Hyderabad(300km away from incident place/time)

But he was already SUCCESSFUL in creating tension in my family and ruining my chances to go abroad. Even if I win the case, this arrest record will be permanent and everytime I have to answer YES to the question "Have you been arrested". This actually takes longer process getting Visa, though I am not guilty.

Now my question, isn't there a way to fight such false arrests.

a lawyer advised to go for quash proceedings. What happens to my Arrest record?

What is quashed Either the case OR the FIR, then what will happen to arrest record..? Some say, I get only relief from the case, but arrest record cannot be erased/expunged, is it true..? Some say arrest will be gone forever. In USA/western countries arrest record can EXPUNGED under certain conditions, does IPC have such provisions?

I have no intentions to be feared and surrender to their demands, please let me know what are my options.

Thanks,

Siva

PS:I am mainly concerned about the arrest record

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4 Replies

R.S.SUTHAR 9050010700 (Advocate) 05 March 2011

If you fell in false case: You have to make complaint to appropriate authority as soon as possible. There is no need for you to give any evidence in favour of your complaint. Collection of the evidence is the duty of investigating officer. For details, see if police do not register FIR. There are three major law points by which you can come out of false case in shortest possible time. i) If the complaint/case itself do not constitute any offence under law. ii) If the case does not have reasonable evidence against you. iii) If you can give any proof in Court, which clearly shows that without any reasonable doubt – you have committed no offence. If it is not possible ask the Court to put Notice of Acquisition immediately and choose to contest the case. Remember after you have choose to contest the case, the case becomes time bound for prosecution to produce evidence against you. During prosecution evidence, you can cross-examine their witness ask for any document etc. which normally brings the truth before the Court and these can be used against prosecution itself also. After prosecution evidence, you are called for defense. You can produce any thing in your defense. You are himself witness for yourself under law and your witness contains equal weightage as any other witness. Engage a good Advocate. Never engage any lawyer through touts. Never engage any Advocate suggested by any friendly showing court officer, many times, these court officers are found touts of advocates. Try to keep away from over smart advocates and any such advocates which shows or said about their relation with judges. Don’t fail to take action against creators of false case. They can be booked under various provisions of law and can be punished for their deeds. You can also put an damages case against them. Remember, they are not the Owner’s of Law. They are just manipulators of some practical deficiencies of law. Same law can book them also. Go to top 4. Suggestions to curb false cases: Sanctioning authority of cases are to be made responsible for their sanction. If any sanction is found mechanical in nature or found to be given without applying mind, there should be an action against such authority. Junior person making such false cases should be punished strictly. Magistrate before starting process of case should have reasonably apply their mind. If any case is made out or not. If they do not do so action against them is must. Courts have to prohibit themselves for giving “Dates”. Heavy cost should be given to accused for any “Date” on lapse of prosecution. Strict action against all person engaged in prosecution, if a case fails because of their lapse is required. Judiciary has to become very efficient and use all reasonable and lawful methods to become efficient. Go to top 5. Authorities who can make provisions to curb false cases: The biggest authority is Parliament of India who can remove/make provisions of law to stop misuse of law. The Supreme Court of India and High Courts have various powers to stop misuse of law and in interest of justice, they can make rulings/orders. The subordinate judiciary can also participate it by looking the case on the very first stage and not after hearing full trial. They have many powers to punish false cases creators. They have to use those powers.

siva (DoP) 06 March 2011

That's a great reply.

During the last few days my study found that quashing is better option than going for a trial(as it is more time consuming). So what are condition that High court may reject my plea for quash u/s 482?

R.S.SUTHAR 9050010700 (Advocate) 07 March 2011

kindly give the citation of iqbal Singh Marwaha case.

IQBAL SINGH MARWAH AND ANOTHER VS MEENAKSHI MARWAH AD ANOTHER

CRIMINAL APPEAL NO. 402 0F 2005

WITH CR.A. NOS . 904 AND 1069 -1070

MARCH 11 2005

2005[51] ACC 910[SUPREME COURT

Roy 13 October 2015

Hi Siva, I am also facing a similar problem like this. Does this arrest record stays or is there any method to remove it. I am trying to change my job and they have offered me a onsite opportunity.The case which was registered was false and already closed. Does the arrest record stay and does it affect my Background Verification check and Visa Process.

Please reply as soon as possible!!