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Mehajbee   05 March 2023

Fir in welfare scheme

My father in law is 100 percent handicapped and paralyzed unable to walk and on bed from last 13 years. He is land owner in joint account .

One co account holder was threatened and pressurized by one bhu mafiya and by unfair means done registry of my father in law'part land during lock down. 

Tehsildar issued ghoshna ptr for raising objection if any on this registry. But bhu mafiya and patwari in Nexus didn't give this ghoshna ptr to any other joint account holder including my father in law . And bhu mafiya is also Pradhan of our village at that time , he himself arrange fake signature of villagers on that paper and the villagers are illeterate . He said it is work demand order for development work and villagers sign the same. In this way bhu Mafia after creating conspiracy arrange signature and on the basis of this paper mutation was done in favour of bhu mafia. 

We have went to court for lodging FIR against this fraud , court order fir registered . Then to take revenge and to pressurize us in Nexus with police personnel . Bhu mafia has lodged fake fir against my father in law and  alleged that we have done fraud in welfare scheme . Like we have taken two house in Indira awas yojna , we have got subsidy for fencing work in our farms and we have'nt done fencing  and we have got subsidy for goat buying and fish pond. But we haven't done any work .

In reality we have done all work , we haven't applied for any scheme and we are selected by the department itself on the basis of SECC and BPL survey . Any department by themselves haven't raised objection and they haven't given complaint to police. And there is no crime with anybody . 

Bhu mafia by wrong ,baseless and fake allegation arranged to lodge FIR against us . 

As our point of view it is wrong FIR , police don't have any right to lodge FIR in department work and scheme without intervention of department.

Public have authority to give application and arrange inquiry first , how police can directly lodge FIR in other department matter without intervention and complaint of that department. 

 

I am not a contractor and I am not public representative . We are just beneficiary and we haven't done any thing wrong.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     05 March 2023

So what is your query?

If there is a FIR from each side against each other, then you have to pursue your case properly while the FIR against you has to be challenged legally on the basis of documentary evidences in your support 

If your father in law has not committed any crime as alleged, then it can be challenged properly as per law and get the case dismissed through trial court.

Wait for the police to complete the investigation and submit charge sheet before court, after which you can file a quash petition to quash the charge sheet before high court.

You have merits in your side, hence you do not have to be scared about it at this stage itself.  

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 March 2023

 a frivolous FIR filed against a person to harass them at the hands of law can be challenged by filing a petition at the Hon'ble High Court under Section 482 of the CrPC read with Article 226 of the Constitution of India and the High Court while following the guidelines as laid down by the Hon'ble Supreme Court 


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