Action against false complainant after cancellation of complaint by police
VINEET KUMAR
(Querist) 09 May 2014
This query is : Resolved
RESPECTED MEMBERS/EXPERTS
After lodgeing three false criminal cases against me and all my family member under sections 498 A, 506, 420, 409, again 420 etc. my wife who is under influence of her press reporter uncle who is very influential person and literally a dalal of hiegher police officials i.e S.P and D.S.P made One more false complaint to police on 28/12/2013 alleging that my brother who is working in chandigarh along with five other persons tried to kill her brother (my brother in law/sala) and also tried to kidnap isika (my seven year daughter who is in custody of my In-Laws). The time and date of the incident as given by them is 3.20 pm. The fact that the same time my brother was in chandigarh which is 150 km away from my hometown i.e the place of incident and at 2.45 he has withdrwan the money from ATM in chandigarh. Hence police had to cancel the above said complaint as the ATM footage and cell locations were in our favor. Now, my mother in Law who is a widow along with the said press reporter has complaint to Human rights commission , women commission that police has done wrong by cancelling the complaint and she even provided six false affedavits of various persons which says that thogh they dont recognise the assailiants but confirms the occurance of the said event.
Further, they have filed one criminal complaint against my brother, my father, and police in the local court for the same complaint which is cancelled by the police. In mediation of High court chandigarh my In Laws are asking for Rs.35 Lacs for settlement and divorce otherwise they will keep on giving false complaints.
please advise
1. Whether FIR can be lodged by police now under pressure from human rights commission/woman rights commission?
2. Whether court can order the lodge police to file FIR in the criminal complaint filed by them.
3. Can we do something against my in laws for giveing false complaints again and again?
4. Can we file criminal complaint/defamation at chandigarh where my brother resides or the same should be filed where the complaint has been given?
5. Please advise how to deal with such miscreanent i.e the press reporter as whole police and civil administration is under his influence. please give your valuable advise. we shall ever remain in debt for your valuable advise. please help us.
Devajyoti Barman
(Expert) 09 May 2014
1. not likely.
2. Yes, it is a possibility.
3. File case of criminal intimidation.
4.Anywhere between the said 2 cities.
5.Fight on merit.
Dr J C Vashista
(Expert) 10 May 2014
1. FIR cannot be lodged by police under pressure from human rights commission/woman rights commission.
2. It depends upon the evidences produced by complainant to direct police to lodge FIR.
3. Be aggarassive and not remain defensive, your lawyer will advise.
4 & 5. Contest and donot surrender
ajay sethi
(Expert) 10 May 2014
dont bow down to black mail tactics . refuse to pay Rs 35 lakhs demanded . court can direct lodging of FIR based on evidence on record . file complaint of criminal intimidation against your in laws
T. Kalaiselvan, Advocate
(Expert) 10 May 2014
Well advised by experts. The court can refer the case to the police station to inquire once again and if need be FIR may be registered, in that case he may have to take an anticipatory bail. The SHRC will not listen to such petty issues and will not consider them to be violations of human rights because the police has already rejected and closed the complaint as false. As a matter of fact you can file a petition with the SHRC against that press person who is influencing the police and other authorities to file false case against you and also influencing the police to not to entertain or accept any complaint by you against him but is inflicting all types of injuries to you i.e., mental as well as psychological which is also considered as violation of human rights.
Anand Bali Adv.
(Expert) 11 May 2014
Dear friend,
Answers:
1, No FIR can be lodged under pressure from the Human rights commission or any other organisation , it is always on the merits of the case.
2. Yes it is okay when the court finds prima facie that there is a substance in the complaint.
3. Yes you can file complaint against the false cases as it is a crime under IPC to file/ lodge a false complaint and FIR or a civil nature crime or giving false affidavits for the same.Consult a good Advocate for this.
4. Yes you can file cases there at Chandigarh against them as your brother resides there.
5. You should file a complaint for these all false criminal nature cases by making him a party for criminal intimidation on a case advise with a good & expert advocate of this field. Be aggressive and do not take defensive mood, as well advised by my friend as above.
For further legal assistance on nominal charges, you can contact undersigned on below given phone number.
Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.
Click "LIKE" in appreciation of the above answer.
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.
Email: advicelaw1@gmail.com
Ph: 9582144748
