FALSE CASE REGISTERED AGAINST YOU
False & Vexatious cases are mostly filed at police stations
against innocent accused and thereby subjecting them to unwarranted mental
torture, and by filing of false complaints or applications, false FIRs, false
CAW Cell complaint, false 107/151 IPC, false Domestic Violence charges either
by the wife or prostitute by misleading magistrates u/s 156 crpc r/w 200 or
through police. You may not surprise if some agents or some unethical lawyer or
advocates who may specialize in such type of activities and are conniving/
conspired with the corrupt police officers. It is my effort to guide you the
ways to come out of it through this blog.
In few states there is vexatious proceedings law to stop lodging
of false FIR, but the authority vests with the solicitor general or advocate
general i.e., the state and until & unless state gets ready to protect the
plea of deserving citizens i.e., those citizens of that state who are suffering
from false cases, the accused in false FIR keeps suffering in the windmill. If
there is a case based on mere complaint or application, then grievance
redressal by concerned police officer is mandatory by giving them all the
material & documentary evidences & rebuttals to prove that the case is
false or the case can not be true based on those unchallengeable documentary
& other evidences or simply that the case does not have any merit .The
officer or police headquarter must record the statement and circulate it to his
juniors & investigating agency or enquiry officer and also investigation
officer and close the case of close the false FIR (or false First Information
Report) with an intimation to the complainant as per law of natural justice.
In case the investing officer is not inclined to take the
statement, one may make a complaint to all relevant authorities and/or make
sworn affidavit before a notary or oath commissioner to all concerned
authorities about the complaint with all the facts and documentary evidences
and unchallengeable rebuttals on record.
Whatever be the type of false case lodged against you, your
response while writing this complaint should be cooperative & not evasive.
But if you feel fear from police or courts, then please take help of a expert.
The Supreme Court i.e., the Apex Court of India recently passed
a judgment as per which except in the case of very serious crimes like rape,
murder, house breaking, robbery etc, there requires to be a preliminary enquiry
before registration of an FIR so FIR can NOT be lodged without any preliminary
enquiry and if that is done then this has been done through corruption and
therefore such false Crime Against Women Cell complaint or false FIR need to be
ended or closed using the legally or technically valid complaint vide a
Lego-Technical Representation.
Let’s understand the scenario when a fake or false FIR gets
registered by SHO. If you are accused in that FIR and you feel that it is done
only to harass you or extort money from you, then you may apply for
anticipatory bail/ notice bail/ station bail/ interim bail/ transit bail or a
bail application under section 438 of the CrPC (code of criminal procedure). In
a latest case, the Supreme Court has simplified grant of anticipatory bail,
wherein the SC has clearly differentiated between power to arrest and necessity
to arrest i.e., Rajesh Sharma Judgment dated 27th July 2017 and also as per
Arnesh Kumar Judgment dated 02nd July 2014 which resulted in a advisory issued
by MHA (Ministry of Home Affairs) i.e., no arbitrary arrest. So, an accused
cannot be arrested without any reason i.e., arbitrarily. But the I.O. is duty
bound because if no crime is disclosed or purported to have happened, the
police need to file a summary report or B-Report or Charge Sheet with column B
Entries or a counter case against the complainant for filing false FIR. For
civil offences, a civil summary report is filed by the police. But if offence
is found to be of the type of non cognizable nature (non cognisable), then the
summary report discloses the same. Police powers and role of police ends here
and police has no jurisdiction or authority after that. The magistrate (MM) or
sessions judge handling such false FIR or false Charge Sheet may or may not
issue a process based on that, or magistrate may ask the complainant to file
this as a separate private complaint under section 156 sub section 3 of
criminal procedure code.
In cases where a FIR or a complaint is found to be false, the
police may file a false complaint report. However, in serious false complaints
matters, police may ask for prosecution (malicious prosecution) of such false
complainants. And in FIR cases where police is not able to arrive at a
decision, or when an offence under crpc cannot be detected, police records the
facts stating the same. In such cases police has the right reserved with them
to investigate on such false FIR case provided any new facts come up at later
stages.
Question here is why police does not resort to a quick method of
disposal of false FIR cases, and the major reasons being corruption or
unethical practices, which results in a falling level of public confidence on
the police.
Once registration of a false case is done, then depending on the
seriousness of the case or the sections of IPC crimes mentioned therein, one
may apply for anticipatory bail or notice bail to the session’s court or the
high court directly. But before doing so, accused must try to find out whether
police intends to arrest him or not. And if police is not going to arrest,
then, do not apply for anticipatory bail otherwise accused will be bind with
conditions in anticipatory bail. Approach of the accused must be in practical
handling of the case and direct reporting the matter to the higher authorities
of the police which plays a major role in such cases especially on the issues
of arrest. And before applying for anticipatory bail one must make sure that
the complaint or FIR discloses a cognizable and non bailable offence for which
the maximum punishment is more than 7 years and not upto 7 years imprisonment.
The cops i.e., the police are supposed to decide all cases of FIR as
expeditiously as possible, and file a report or b-report with the concerned
magistrate. Police files this report under section 173(2) of the crpc i.e.,
code of criminal procedure. Hence, reports under section 173(2) of the code of
criminal procedure can not be filed in all the FIR’s but must be filed only in
those cases which are worthy of detection i.e., where a crime can be detected.
Cases or complaints which have been filed using pressure or
miscreant nature of complainant or nuisance value or harassment motive or is of
such a nature that after registration of FIR, it may discloses that it cannot
be investigated or such matter has already been investigated by another police
station or other state, then, such cases can be speedily disposed of (speedy
disposal) by making b-report entry in the police diary i.e., the station diary
or within the register or form prescribed within that state with a quick reporting
before the magistrate informing him that the said FIR case cannot be
investigated due to the reasons mentioned therein. This is the right or correct
procedure prescribed under section 157 of CrPC. However, in false FIR case when
accused knows the false complainant is creating nuisance or mischief and does
not allows police to do its duty or the police does not cooperate in an ethical
manner, then lawyer or advocate may suggest the man/ boy/ husband/ accused to
apply for quashing under article 226 of the constitution read with section 482
of the code of criminal procedure but Atur Chatur is strictly against using
quash proceedings because the matter can be challenged and finished at the
lower court level itself or that a false FIR or false CAW Cell complaint can be
closed or ended within police station itself.
High courts in India usually may permit only one application
under section 482 of the code of criminal procedure but instead of quash it is
suggested to file a complaint against false case registered against you. In
cases where a magistrate is misled (abuse of the process of courts) into
passing orders (favorable order obtained by complainant of false FIR) under
section 156(3) of the code of criminal procedure thereby directing the police
to register an FIR by the police, then, this order must be challenged
immediately not under revision jurisdiction at the session court falling under
section 397 of the code of criminal procedure but instead a legally or
technically valid representation may be filed using social stigma i.e., how to
close false caw or false fir. Jurisdiction issue exists with the higher courts,
but in a high court an accused may be advised to go to sessions court first
i.e., do NOT move to a higher level without exhausting all available
opportunities at lower level so that is the right procedure regarding how to
handle a false FIR lodged against you. Even though the scope of revision by
district judge is wide, but it is often seen that district judge or session’s
judges may adopt a very pedantic approach thereby may not end the false FIR and
instead limit the accused by drawing their attention towards those aspects of
an order which are correct which is a legal or technical drawback of our Indian
system of justice which needs to be corrected. Such approach is highly
erroneous because in such vexatious complaint (which in fact must be
nip-it-in-the-bud) there are hidden facts in order to mislead magistrates into
passing orders presuming a cause of action when actually there is not any such
cause as alleged. Therefore, if session’s judges or district judge instead of
going into falsity or legality just tries to become technical and keep the
false FIR rolling then the very purpose of a revision application is undermined
or demeaned. This forces an accused to file a criminal application directly at
the high court of concerned state under section 482 of the code of criminal
procedure (as per the suggestions of unscrupulous lawyers or advocates) saying
that a high court has inherent powers and wide powers but Atur Chatur suggested
looping method with or without sworn affidavit and if there is no affidavit
filed then right to information act asking action taken report is required at
such stage to get the orders corrected.
Another remedy suggested by lawyer or advocates is to challenge
such order under article 227 of the constitution r/w sec 482 of crpc but this
is also not advisable regarding which the author writte down extensively at
nriquash dot com. An order of issuance of process under sec-204 of crpc may
also be suggested esecially when magistrate may takes cognizance himself of a
false FIR and is himself inclined suo moto in such a manner which seems similar
to orders find usually under section 156(3) of the code of criminal procedure
as discussed above. Therefore, many false complainants due to this may get
processes issued (summons or notices issued to accused through process server)
by concealing facts or hidden information. For concealing facts known to a
person i.e., deliberately playing fraud on court the contempt powers of the
court may also be invoked by making an application for perjury u/s 340 crpc
which means playing hide & seek before the court or cheating the process of
the court. But, the magnitude of such perjury or fraud played on the court is
not that important because as per higher courts concealment of facts howsoever
insignificant it may be are of a serious nature and therefore every situation
needs to be analysed in a manner which may find out the right strategy. There are
people who often make fake complaints and the state is thereby duty bound to
evolve a mechanism to curb such rights of fake complainants which is also a
violation of human rights of those accused on whom false cases have been
registered. Human Rights need also be invoked whenever a false FIR or a false
crime against woman cell complaint or a false charge sheet is lodged against
you because when the matter is not triable then putting the matter into trial
is the violation of your human rights which must be objected vehemently and
with eloquence.
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Issued
in public interest by ATUR CHATUR
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A Non Resident Indian (NRI) husband may start looking for best NRI Lawyer in Delhi when his wife goes to Crime Against Women Cell (CAW) in Delhi and she files multiple false cases against the Non Resident Indian Husband vis-a-vis false dowry claims.
ReplyDeleteInstead of a best NRI Laqwyer in Delhi or a best NRI Dowry cases lawyer in Delhi or a best 498a counter cases Lawyer in Delhi or best advocate in Delhi, it is suggested to the NRI to get in touch with aturchatur and file a LTR as per the given link below:-
http://www.socialstigma.in/2017/10/how-to-close-false-caw-or-false-fir.html
Hence, when a Non Resident Indian's wife leaves USA and goes to India without his consent or avoids to come back to USA/ abroad with the NRI, then the NRI must immediately file a LTR instead of waiting for the wife to take a step ahead.
Similarly, a LTR Fair and Unbiased Investigation and also a LTR Protection from False and Arbitrary Arrest and also a LTR Protection from False Cases, are the three major types of LTR which a NRI may file immediately when a wife goes to CAW or a FIR is lodged at PS.
if any help is needed then contact any time (24 hours):-
http://freeconsultationonemail.aturchatur.com
email:- aturchatur@yahoo.com
or visit the website:-
http://falsenri498abestlawyernridivorcedowrycasesindelhi.mancell.org/
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ReplyDeletehttp://manhelpdelhi.blogspot.com/
this helpline provides help Non Resident indians working abroad in fighting false 498a and false divorce and other cases filed by wife while the NRI is abroad and this helpline may help the husband fight or contest and close a false 498a or other false cases from abroad without coming to India and without even using any vakalatnama or an advocate / lawyer/ counsel/ solicitor etc
atur chatur 498a helpline for men (9873540498)
http://www.socialstigma.in/2017/03/making-of-atur-chatur.html
the helpline for nri husbands also suggest to fight these cases party in person
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if you want to know the procedure for quashing then you must know what is the meaning of quashing because under section 482 of the criminal procedure code then quash of a FIR depends upon several factors viz., grounds for quashing, vague allegations, no prima facie case made out, non maintainability of the case and technical error in the state FIR or court complaint etc
the procedure for quashing may be to first file a LTR to weaken the case and also may file few RTI's in which the High Court or the lower court may ask you itself to file a Quash Petition, and if after LTR a quash is filed then the chances of success may be higher.
a LTR means a Lego Technical Representation details of which may be found at socialstigma.in
atur chatur india (9873540498)
http://www.aturchatur.in/
man helpline in delhi (9873540498)
ReplyDeletehttps://www.complaintboard.in/complaints-reviews/man-cell-delhi-9873540498-v-good-l399779.html
quashing means to quash the basic FIR whereas the cancellation of FIR means that state filing a favorable report in favoir of accused and sometimes also as against the complainant and the two modes to achieve this goal is to g for b report or a c report vis-a-vis a final report i.e., FR of Truth
atur chatur consultation on email (9873540498)
http://www.aturchatur.info/
man helpline delhi (9873540498)
ReplyDeletehttp://manhelpdelhi.blogspot.com/
if the FIR has sole sections i.e., 376 and also the 34 ipc then there may be a greatert possibility of gang rape allegations against those accused who have been made co-accused of the crime with common objective
and not necessarily the commo0n objective may be to gang rape but it may also be to abet the victim to suicide and one of those accuysed may have actually committed rape crime but the co-accused must have the common intention
the false rape allegations especially those along with 34 ipc crime in a 376 FIR needs to be studied very carefully and found out the loopholes and after that a LTR as per socialstigma.in may be filed.
atur chatur 498a helpline for men (9873540498)
http://www.socialstigma.in/2017/03/making-of-atur-chatur.html
man helpline in delhi (9873540498)
ReplyDeletehttps://www.complaintboard.in/complaints-reviews/man-cell-delhi-9873540498-v-good-l399779.html
yes the police may very well be able to close a FIR but there needs to be followed a set procedure
either the IO needs to be non-corrupt but if he is not corrupt then why did he registered the FIR at first instance if he was involved in that FIR registration process
but if there is a 7 days time limit for enquiry as per Lalita Kumari Judgment which was amending later on to 15 days time by SC then also the State/ Police needs to follow not just the time limit of FIR but also the enquiry procedure prescribed under the law
atur chatur consultation on email (9873540498)
http://www.aturchatur.info/
men rights for nri (9873540498)
ReplyDeletehttp://www.menrightsfornri.com
legal procedure to cancel a registered FIR may be read at the below link i.e., 498a ipc by atur chatur
but so far as the legal proceudre after FIR is concerned this procedure is very very simple i.s., to visit the place of crime and to do investigation because if the investigation is done following the right legal procedure then the cancellation of fir may be known
and the right legal procedure for the cancellation of fir means to ask legally or technically the police to do fair and unbiased investgation and to do investigation as per the documentary evidences of the husband and thereby to prepare a B Report removing names of all the accused
498a ipc by atur chatur (9873540498)
https://howtocancelfir.aturchatur.com/2019/03/498a-ipc-by-atur-chatur.html
men cell in delhi (9873540498)
ReplyDeletehttp://www.cityclassified.co.in/man-help-delhi-or-men-cell-in-delhi-ph-9873540498-suggests-man-cell-india-helpline/
how to hire best advocate for divorce of a NRI spouse or NRI couple is a madly searched query so the answer by atur chatur is to either do not get married but if you being a NRI has gotten married to a wrong lady then you may never try to hore an advocate or a lawyer especially if such non resident indian husband from USA/ UK etc has rebuttals or documents prving falsity of the FIR
whenever your docs are not able to divert the investigation then in order to influence the investigation, you may never contact a lawyer or advocate and there is also no concept of hiring or firing of an advocate or lawyer
it is called engaging a lawyer and signing a vakalatnama but as per the best knoweldge of atur chatur, the advocate need not/ never be engaged or hired in a false FIR if your evidences/ proofs are sufficient to suffice the falsity of the FIR and the complainant
atur chatur helpline on internet and email for nri's (9873540498)
http://www.aturchatur.net/
atur chatur helpline for men in false 498a (9873540498) for NRI (Non Resident Indian) may help a NRI in knowing how to reduce alimony because the alimony or maintenance may be cut by invoking human rights and attacking legal extortion at the right point
ReplyDeletea LTR may be the right approach if the husband wishes to expose falsity of wife thereby reducing alimony or may be arriving at Zero Alimony for the wife based on LTR as per socialstigma.in
In Delhi also such NRI from all over India may be able to get help from Atur Chatur by his able consultation
so, go ahead and file LTR