PRANAV (no designation) 09 January 2014

Someone filed a false criminal case

Hi all

I 'm Pranav, from Kerala. Someone filed a false criminal case against me in the Police Station on 31 Dec 2013. The incident happened at 9 pm 31 Dec 2013. But sirs, actually I was at my wife's house (31 Dec 2013) till the next day morning 01 Jan 2014. Yesterday I got a call from the police station that they said me accused in the above mentioned case. Total 5 defendants & Myself is the 4th defendant. Respectful sirs, What should I do? I really don't know what I have to do? Where I can say my innocence ?

Reply Follow

4 Replies

Laxmi Kant Joshi (Advocate ) 09 January 2014

what sort of case he filed against you ? how the complaintant know your name and address , visit the police station take someone with you talk to the io of your case and go through the complaint , give evidence of your innocence and convince him that somebody had maliciously given your name in this case to harass you , on the above said bases request him to struck off your name from the report .

sridhar pasumarthy (ADVOCATE) 09 January 2014

Get a copy of FIR and apply for anticipatory bail immediately.

SKapoor_Lawkonect (Lawyer) 11 January 2014

Hi Pranav, your query doesn’t clearly explain under what section has the FIR against you have been filed. The first step that you must take at this juncture is that you shall get yourself a copy of the FIR and get the information that under which sections of the penal code have you been booked. Secondly you shall file for an anticipatory bail under Section 438 of the Criminal Procedure Code as there is enough apprehension of arrest on your part. Thirdly when you are sure after the filing of the chargesheet and other formalities of your innocence and have an evidence to prove your alibi you may go for quashing of the FIR to the HC under Section 482 of the Criminal Procedure Code under the inherent powers of the Court.

Regards,

Sankalp Kapoor,

www.Lawkonect.com,

9555507507.