FIR against informant

Shree. ( Advocate.) 11 June 2009

Dear DR.VNT sir,

I am giving below an example of the Allahabad High Court Judgment by which the directions given by the Sessions Judge, to the Police, to file an F I R against a false complainant were set aside by the High Court. The details are:-

Crl. Misc. Application No.6269 of 2008.

Lekhraj.............................Appellant
vs.
State of U.P.........................Respondent.

Hon. Vijay Kumar Verma,J.

Para-3;- “Shorn of unnecessary details, the facts leading to the filing of the application under section 482 Cr.P.C. in brief, are that the applicant Lekh Raj had lodged an FIR at P.S. Kotwali, Rampur at Crime No. 322/2002. After investigation of the case, chargesheet was filed and on committal of the case to the court of session for trial, S.T. No. 223 of 2007 was registered against the accused Mahendra and others. While passing judgment in that Session Trial on 20.02.2008, the learned Sessions Judge Rampur, was of the opinion that the informant Lekh Raj (applicant herein) had lodged false FIR against the accused persons and hence, FIR should be lodged against him for the offence punishable under section 182 I.P.C. Consequently, SSP Rampur was directed to get the FIR lodged against the informant for lodging false report against the accused.

Para-4. “ It is contended by learned counsel for the applicant that at the time of passing the judgment in session trial No. 223 of 2007, the court below could not issue direction for lodging the FIR for the offence punishable under section 182 IPC against the informant and if the informant had given false evidence during the trial, then he could be punished either by adopting the procedure provided under section 344 Cr.P.C. or complaint could be filed against him in the competent court for giving false evidence, but FIR cannot be lodged at this stage for the offence punishable under section 182 IPC.”

Para-9:- “Consequently, the application under section 482 Cr.P.C. is allowed and that part of the impugned judgment dated 20.02.2008, passed by the Sessions Judge Rampur in S.T.No. 223 of 2007 (State vs. Mahendra & others), whereby direction has been issued to SSP Rampur to get the FIR lodged against the informant/applicant Lekh Raj for the offence punishable under section 182 IPC and consequent FIR, if lodged in pursuance of that direction, are hereby quashed.
The Registrar General is directed to send a copy of this order to Shri N.K. Jain, the then Sessions Judge Rampur (Now Sessions Judge Ghaziabad) for his guidance in future.”
--Dt. 09.04.2008.

Shree. ( Advocate.) 11 June 2009

Dear DR.VNT sir,

I am giving below an example of the Allahabad High Court Judgment by which the directions given by the Sessions Judge, to the Police, to file an F I R against a false complainant were set aside by the High Court. The details are:-

Crl. Misc. Application No.6269 of 2008.

Lekhraj.............................Appellant
vs.
State of U.P.........................Respondent.

Hon. Vijay Kumar Verma,J.

Para-3;- “Shorn of unnecessary details, the facts leading to the filing of the application under section 482 Cr.P.C. in brief, are that the applicant Lekh Raj had lodged an FIR at P.S. Kotwali, Rampur at Crime No. 322/2002. After investigation of the case, chargesheet was filed and on committal of the case to the court of session for trial, S.T. No. 223 of 2007 was registered against the accused Mahendra and others. While passing judgment in that Session Trial on 20.02.2008, the learned Sessions Judge Rampur, was of the opinion that the informant Lekh Raj (applicant herein) had lodged false FIR against the accused persons and hence, FIR should be lodged against him for the offence punishable under section 182 I.P.C. Consequently, SSP Rampur was directed to get the FIR lodged against the informant for lodging false report against the accused.

Para-4. “ It is contended by learned counsel for the applicant that at the time of passing the judgment in session trial No. 223 of 2007, the court below could not issue direction for lodging the FIR for the offence punishable under section 182 IPC against the informant and if the informant had given false evidence during the trial, then he could be punished either by adopting the procedure provided under section 344 Cr.P.C. or complaint could be filed against him in the competent court for giving false evidence, but FIR cannot be lodged at this stage for the offence punishable under section 182 IPC.”

Para-9:- “Consequently, the application under section 482 Cr.P.C. is allowed and that part of the impugned judgment dated 20.02.2008, passed by the Sessions Judge Rampur in S.T.No. 223 of 2007 (State vs. Mahendra & others), whereby direction has been issued to SSP Rampur to get the FIR lodged against the informant/applicant Lekh Raj for the offence punishable under section 182 IPC and consequent FIR, if lodged in pursuance of that direction, are hereby quashed.
The Registrar General is directed to send a copy of this order to Shri N.K. Jain, the then Sessions Judge Rampur (Now Sessions Judge Ghaziabad) for his guidance in future.”
--Dt. 09.04.2008.

Akhil (Legal Advisor) 12 June 2009

THan k u for information

Rgds

a.b.natraj (inicitar) 29 January 2012

Hi Friends,

I seek your help in this matter.

1) If a person has been acquitted in any criminal case and wants to lodge a complaint under section 182 IPC against the complainant. What are the options with him.

2) What if the police is not ready to file the case u/s 182 IPC against the complainant?

3) How and under which section can the person approch the court to get justice for himself.

4) how to file a complaint as per s182 of ipc can we give in our complaint to book under s182 or the decision rests with the police or should the judge direct the police can anyone please suggest and advise

Regards

BS Rangi (President) 21 March 2016

Sirs,

Even I am affected by similar case wherein a person gave false evidence to police post in charge (PPIC).PPIC lodged a DDR against me and later gave me clean chit ,meaning thereby that informant gave wrong information. I want to file case /complaint under IPC 182 .How do I proceed please?

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