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Rajneesh (Engineer)     05 December 2011

Need advive on false fir

Experts please advice on below situation (Person A is close family member):

 

Person A: From reputable family, no prior record whatsoever, highly respected in community, brother of sub judge.

 

Person X: He is iron smith/ carpenter from SC community.

 

Lady Y: Local pradhan, Person A’s wife contested election against her and lost, from SC community , from SC community, differences with Person A’s family because of political reasons.

 

Background: Person A’s family used to trust Person X very much.  He was treated like family member and did most of house renovation work for Person A and was timely paid.  Person A’s family used to give various gifts to Person X’s wife and kids.

 

Person X have some differences with his wife and was staying away from him for some time.  She came back to person X’s home few days ago and Person X left home.  Person A’s family provided food for his kids as they didn’t had any money.  Person X asked Person A to help him get divorce and file false complaint with police that his (Person X) wife is torturing him, to which Person A refused.

 

Person X teamed up with Lady Y and he filed false FIR against person A,  (I don’t have access to FIR but some of the charges are)

1.       Person X was used as Bonded Labor.

2.       Person X was tortured as SC. Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989

3.       Threatening to kill.

Person X is by chance out of station and police came home to arrest him.  We are taking legal advice but I have few question for experts on this forum

 

1.       Do police have power to arrest just based on FIR?

2.       Based on these charges can Person A get anticipatory bail.  If not how can he avoid arrest.

3.       If police found all changes are false, will person X be charged.

4.       There was article in local newspaper that this Person X was tortured as SC by Person A, can we sue newspaper because charges are not proved yet.

5.       Is there any law to stop misuse of laws related to Scheduled Caste.

6.   If we go to High Court to get FIR quashed, usually how much time it takes and in that that will Person A be arrested or can get bail.

7.       Any other suggestion for this case.



Learning

 5 Replies


(Guest)

1. yes if prima facie case is amde out the chances are there.  Moreso the Deputy superintendent of police/comnissioner has only got such power under SC/ ST act.

2. The person can get only bail.  not anticipatory bail.  you have to get surrender and bail with a highocurt direction in this matter.

3. He cannot be charged for giving false information,

4. the police will give such an information to local newspaper.  you can initiate defamation proceedings.  But A cannot succeed.

5. regsitering F I R cannot be stopped.  But you can give evidence of your choice upto 50 members of Sc or ST and public in ths matter at the time of investigation

6. The highcourt will not quash the FIR on your basis of query.  if charge hsset filed you can go for later.

no suggestions that's enough (Sub-judge brother)

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 December 2011

Nothing more to add, adequately replied.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Rajneesh (Engineer)     06 December 2011

Thanks for replying.
So looks like their intensions of harassing our family will be successful and we cannot do anything about it. 
 

In FIR he also said that we take undue advantage of having someone in Judiciary (which is of-course false).  So after this FIR family is not communicating with Sub Judge, because we are afraid that can be used against us in court.
 

Also is it possible that police might have taped phone line knowing we have someone in Judiciary in family?
 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 December 2011

We can not do anything about it. With this attitude, right.

 

Otherwise SC/ ST entails 6 months imprisonment for false information. 

 

Why not give them the taste of their own medicine, by fighting it out.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 December 2011

Dear Rajneesh

without approval of the Govt. they can not do this


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