False fir u/s.420,468,470,471,120-b of ipc
Bhikham Saini
(Querist) 26 September 2012
This query is : Resolved
One of my relative tried to sell some of our ancestral and undivided properties but for our timely intervention at local Municipal Corporation and at Registrar Office, the deal could not be registered.We are total 10(thirteen) ancestors.A civil Partition suit as well as TI application is filed with DJ on 02-05-2012 and TI is granted in respect of all the properties.The suit is likely to continue for a long period
The said aggrieved relative now has filed two different FIRs under section 420, 468,470,471 and 120-B against me and my aged father at local PS using 153(6) crpc accusing both of us that we had manipulated the property records at local municipal corporation in connivance with the corporation employees and have got the ownership names changed in our favour which is false.We have never made any such verbal/written move, neither no oproperty is recorded in our name any where but in the name of my grand father currently and earlier in the name of elder brother(unmaried) of my grand father.Both these brothers have died without will.The municiapl records also do not denote the ownership but is the copy of periodical General Valuation for Tax purpose and as we do not stay at these properties, Survey People records the name of the occupier/owner as per informations given by local neighbours.The municiapl corporation has also certified it in writing.
We stay at Kolkata and property is situated in Rajasthan and also the said relative also stay at Rajasthan and is misusing his position of location and influence and with false cases to pressurise withdrawal of suit.
My question is whether local IO at Police Station can implicate us in such case and can he accuse us while the suit for partition among 13 inheritor is pending and also TI prevails.
Is it not a fit case for filing Final Report for IO.
What remedy is avilable to us to prevent harrassement for attending the Police telephonic summons in such false cases, avoid false & deliberate arrest.
Urgent
Memebrs please advise.
Bhikau Kataria
bhikau@gmail.com
Guest
(Expert) 27 September 2012
The pendency of the partition suit does not prevent the IO from causing your arrest for the offences alleged to have been committed by you.
It is abundantly clear that the FIR has been filed against you as a counterblast to the suit filed by you, and with the sole intent of harassing you. There is no time limit for the IO to file the final report.
You should, therefore, fist obtain AB to pre-empt the possibility of your arrest. Once AB is obtained half battle is already won. After that you should move the HC for quashing of the FIR registered against you.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
M V Gupta
(Expert) 27 September 2012
I agree with the views of Mr. Davessar.
Surrender K Singal
(Expert) 27 September 2012
Expert Ashish is correct; However, 153(6) is considered by the Magistrate and if he has been misled to order filing of FIR, you may still approach that court or its Appellate Distt Judge submitting factual documents which prove malafides of the person getting FIRs registered with the help of 153(6) by obtaining a copy of Magistrate's order for filing of FIRs.
