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.

Issued in public interest by ATUR CHATUR

aturchatur@yahoo.com

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