Soniya 02 September 2018

Section 452 of ipc | false fir

Dear sir/madam, I'm a resident of Hassanpur, a town in Palwal district of Haryana. My brother-in-law's sister has filed a false case against my father, mother, and sister (his wife) claiming that they have assaulted him and his sister. The incident was that these three people went for the last rites of his uncle and when my father was attending the funeral, my brother-in-law and his two sisters started beating my mother and sister while other two sisters were abusing. While protecting my mother, my sister ended up slapping one sister of him. My sister has been living with us due to domestic violence since January. His sister has filed a case under Section 452, 34, 506, and 323 of IPC. I wanted to know if we could get advanced bail? Police are not accepting our FIR after several attempts. Thank you.

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2 Replies

Adv Deepak Joshi +917017821512 (Advocate) 02 September 2018

Dear querist,

If police is not accepting your FIR then as per Section 154(3) in The Code Of Criminal Procedure, 1973 (3) you may directly complain SSP.

Section 154(3) in The Code Of Criminal Procedure, 1973 (3)

Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.

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