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deepak kumar (Accounts)     12 May 2011

Please help this poor man

Hi all,

 

Please help me with your suggestions

 

Dehradun police has filed 2 false cases against me under the influence of a under secretary working with Uttrakhand Government.

 

A bit brief about this under secretary. He, then Under-secretary (Home) in Uttrakhand govt., was suspended on 22-1-2009 by chief secretary Uttrakhand when he was caught red handed with temporary police women in a government vehicle by media and public. He was drunk and was s*xually harassing this temporary police woman. This woman was posted in uttrakhand secretariat. Even government vehicle, he was using, didn’t belong to him. He got this vehicle by using his power. No vehicle is provided to him by government.

 

In one case under the influence of this corrupted secretary, police had accused 2 minor girls and one minor boy of my family. All three have been accused in chargesheet too but lucky High court had stayed the chargesheet.

  

One day when I went to Dehradun court on date, He (under secretary) threaten us to get killed if we do attend the date. This event was published in all the new papers.

 

We meet with SSP and submitted a police complaint. Same day Dehradun police registered a case U\S 506 against us.

Police hided this FIR for 40 days. We got to know about this FIR when we approached high court in another case for bail.

Then media helped us. Under the pressure of media Dehradun police filed FR in this FIR.

 

I was told that registering a False FIR is also crime and I should take legal action. By profession I am a software engineer and don’t know much about the law. Could you please suggestion me what are legal option I have and how I should precede.

 

Thanks in Advanced.

 

Regards

Amit K



Learning

 9 Replies

deepak kumar (Accounts)     12 May 2011

I am told that IPC 182 & IPC 211 can help me.

Regards Amit

deepak kumar (Accounts)     12 May 2011

Should I give complaint to police to file FIR against under secretary & witness in U/S IPC 182 & IPC 211 for intentionally get registered false FIR U/S IPC 506? Will it work? Any suggestion on this? Is there any other provision that I can use. Any direction of high court or Supreme Court will be helpful.

 

Regards Amit K

 

Kiran Kumar (Lawyer)     12 May 2011

seek indulgence of HC in this regard.

 

for proper investigation through some independent agency because the police is already biased against you.

 

also seek protection of your life and liberty as you are living under consistent threat both from the Secretary and the police.

 

you have a good case to fight against the system but the guts do matter.

1 Like

(Guest)

@amit kumar

Just follow the advise by kiren kumar

And hire a good advocate(criminal side) in this matter who having experience in this matter.

And collect some strong evidence like you said,He (under secretary) threaten us to get killed if we do attend the date. And put this type of evidence  before the court.he is misusing his power ,its time to fight for justice.Be strong and stay focus in this matter.Remember  in his case the prosecution(govt.)  put some evidences and you have to challenge it.Be ready.

Arup (UNEMPLOYED)     19 May 2011

182. False information, with intent to cause public servant to use his lawful power to the injury of another person.—

Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause such public servant –

(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or

(b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either descripttion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Illustrations

(a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.

(b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z's premises, attended with annoyance to Z. A has committed the offence defined in this section.

(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section.

1 Like

Arup (UNEMPLOYED)     19 May 2011

211. False charge of offence made with intent to injure.-- Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

1 Like

Arup (UNEMPLOYED)     19 May 2011

506. Punishment for criminal intimidation.--Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc. If threat be to cause death or grievous hurt, etc.--and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, of with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, or with fine, or with both.

1 Like

Arup (UNEMPLOYED)     19 May 2011

police had accused 2 minor girls and one minor boy of my family   ---   what are the charges? if the charges are false then what is the truth?

 

He (under secretary) threaten us to get killed if we do attend the date    ---   have you made any fir? it is serious and liable to the police investigation. is there any witness?

 

We meet with SSP and submitted a police complaint.   ---   good.

Arup (UNEMPLOYED)     19 May 2011

Same day Dehradun police registered a case U\S 506 against us. Police hided this FIR for 40 days. We got to know about this FIR when we approached high court in another case for bail. ...   Dehradun police filed FR in this FIR   ....  registering a False FIR is also crime   ---   upto this you are right.

you have to prove the falsehood of the complain.

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