cpc

how to give counter case on police?


In a Summons case on Police Report which is currently in a Trial court, one of the witnesses who is a Police personnel has been observed to be blatantly lying under oath probably as coached by the Public Prosecutor (PP). This PP has also been observed to helping identify the accused by turning his head and nodding in the direction of the accused. The accused's lawyer has drawn the attention of the judge to this by stating that PP is trying to "lead" the witness, but it is unknown what the judge has noted.


In addition the main complainant who is also a police SI has filled the charge sheet filled with lies and has never since  shown up in court. Consequently his evidence has been expunged. All these lies written by main complainant, police witnesses (both as written in charge sheet and as stated in court under oath), can be easily proved, and I intend to start doing this from the next court date when it is my turn to cross examine this only witness who has appeared upto now after 10 long years.


Now my questions are:


1. How can I put a reverse case on the police for stating all these lies i.e. of criminal conspiracy etc? Can I do these in the present case itself or whether I have to file a new case?


2. Additionally as I intend to submit a discharge/acquital petition under Sec 258 either on next date or thereafter for non appearance of complainant, so ideally a reverse case against these police personnel should be so instituted, so that it does not prolong my status as accused.


Therefore kindly advice me about the best way to approach this matter, and your help will be much appreciated. My intention is not to let these police personnel  get by too easily by harassing others with a bag of lies. If and only if people start counteracting them, then only will they hesitate in their actions in the future.

 
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advocate/counsel supreme court

sir,

it is kind of perjury . without really studying your case it is unfair to say anything, for that advice may prejudice your interest after all law is a double edged weapon pls

 
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Lawyer

I fully agree with Dr. G Balakrishanan and appreciate his opinion. In the absence of records it is impossible and unfair to render any advise on the subject.

If you have sufficient evidence to prove against the witness(es) lying on oath (before the Court), s/he/ they are liable for purjury and prosecuted separately,  which you are required to prove beyond reasonable doubt. Besides this, the on-going case shall be affected in favour of accused and against the complainant, wherein the accused, on exorneration, can file case for malacious prosecution (criminal) as well as compenastion (civil) for dmaages.

 
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advocate/counsel supreme court

in any court matter care is vital that way a stitch in time saves nine sir.see adv Vashist also agrees. He can render good advice to you.

 

No point fighting with fire. police once gets involved it is indeed fire. so CPC was devised and Notices procedure to solve cases.

 

Note all these bureaucracies are are 'Give ins' that is they work snail like and so things do not move in a motor car age what use is to use horses drawn carriage. Courts also very slow even in criminal matters. u can't blame them just because they need to think but thinking cannot be fast to get at meaningful answers. So do not excessively depend on adversarial methods that way sec 89 of CPC was devised for mediation though it is indeed not foolproof.

one needs to think a lot before taking any action in the cases like u think about.

 

it is better not to jump on a frying pan from fire but get out of fire in all kinds of means by prudence whatever one has that way you can save unnecessary expenditure of your hard earned savings. that is all i can say.

 
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Thank you respectable advocates for your time and your opinion.

 

Police in this case has almost forcibly prolonged the case for almost 10 years. They had no case and were lying from the very beginning. The main complainant (SI of Police), the only witnesses who all but one are also police personnel and the IO of the case who is Police as well has cooked up this case to help a relative of mine to put pressure on me for tangible benefits in certain parental properties.

 

Without going into the lengthy technical details of the case, I'll briefly say that in cooking up the story for this case, the police has made a lot of glaring mistakes/inaccuracies in their statements both in the initial chargesheet and under oath in court, and these can easily be proved in court by me.

 

From what I understand from the learned advocates I should be exonerated first in this case and then make a case against the police. The police then can make an appeal in the higher court against the verdict in this trial court to prolong my tenure as accused. They don't have any monetary expenses for pursuing these cases so they are enjoying themselves at the exchequer's expense and can afford to prolong a case as much as they can.

 

Also my main grounds against the Police would be:

a) Perjury/lying under oath, as well as by all people involved in the case in the charge sheet.

b) Criminal conspiracy of police with a relative of mine.

c) Attempting to enter my room at midnight without a warrant and just because this other relative has called the police.

d) Assault by police both in transit to police station and while in Police Station (Difficult to prove this).

e) Spoiling my life for ten long years and many lost opportunities as well as other monetary losses.

f) Snatching away my Nokia mobile phone in the police station and not including it in the seizure list and so stealing it. (Difficult to prove this as I never got it back)

g) Other procedural lapses by police.

h) The Public Prosecutor himself is trying to mislead the law by pointing to accused indirectly i.e. by turning his face towards the accused and nodding and helping witness identify the accused when witness is saying that he cannot identify.

i) The plain clothes police person who helps in maintaining order in court is also trying to help his fellow police brethren by pointing at accused and asking accused to "stand straight" just when PP is asking witness to identify accused.

e) Any other ground that anybody can think of as per the stated facts?

 

But as per the advice of Dr. G.Balakrishnan, police can use their power given to protect the people, to terrorize me instead. So, I am confused whether I should let go of these people and whimper the rest of my life or take action against them anyway. If I do decide to proceed with a countercase against the police, should I take any other extra precautions such as any anticipatory bail against police trying to involve me in any other false case as revenge? Or any other similar steps?

 

Your valuable advice might help me shield against the men in uniform who are frequently on the wrong side of the law these days. 

 
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Advocate

It will be too early to initiate any action against the police since the pending case is yet to be disposed. Better wait until your case is disposed and then think about other issues.

 
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Sir, I do realise that advocates are advising me to be exonerated first/ dispose of present case before taking any further action against the errant police. 

But as it appears, any action against the police/state would have to be under IPC  Section 193 and/or 211. Then from what I understand, as per Section 195(1)(b)(i) of Cr.P.C, no other magistrate can take cognizance of this private complaint unless a complaint is received from the present trial court magistrate where the prosecution is taking place.

Therefore, in view of the above and to be on the safe side, isn't it better that I put in an application under Cr.P.C. 340 to the present Trial court magistrate itself instead of waiting for the dismissal of this case first (though I understand that such can also be pursued later by me in High court as per some judgements of Supreme court)?

Please correct me if I am wrong.

 
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Dy Director

you can file  counter case during the trial.  The accused cops will be having no choice but to ensure that case against you succeeds and they will be bound to put their entire official as well as personal energy and even to spend from their pocket, to ensure that you are convicted.

 
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Sir, I understand your views and you are right. But if I file a counter case after judgement in this trial court, then also police will immediately appeal against my acquittal in a higher court. So basically same thing. Thinking about this, what is the time limit for police to appeal against an acquittal order? And can I file my counter case after this time limit expires?

 

Also instead of filing a suit what if I ask the judge to take note of the various provisions of the IPC that are attracted against the police, from the police's own chargesheet and then do the needful? Will this be equivalent to filing a counter suit?


One is very much aware of the situation prevalent in our country and so it is needless to say anymore. Many states are today even devoid of a properly functioning Human Rights organization. Therefore I would be very much grateful if somebody lets me know about any organization that stands by your side in these kind of false police cases and in police atrocities situations and I will be very much obliged.


 
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