Can a complainant conceal his real identity while lodging a fir?
Shaikh
(Querist) 12 June 2012
This query is : Resolved
Is it a punishable offence for a Indian-born US citizen to deliberately mis-spell his name and conceal his true nationality and US passport details while filing an FIR of theft against an innocent person, obviously with the intention to escape any consequences if the complaint is found to be false?
Deepak Nair
(Expert) 12 June 2012
Yes. Surely punishable.
adv. rajeev ( rajoo )
(Expert) 12 June 2012
If he wants to hide is real identity and if he wants to avoid any consequences he need not file any complaint.
Kiran Kumar
(Expert) 12 June 2012
it will be required to be proved that he did this intentionally.
R.K Nanda
(Expert) 12 June 2012
Yes, it is punishable offence.
Shonee Kapoor
(Expert) 19 June 2012
Punishable Offence.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shaikh
(Querist) 19 June 2012
Thanks all for the replies. Obviously the attempt maybe to pass the "mistakes" off as typos to escape punishment
The specific false/concealed items noticed are:
a)Surname is mis-spelt slightly (e.g. Baput instead of Bapat), both in the typed FIR and in the handwritten complaint.
b) In the handwritten complaint, the "u" in the name is unmistakable and distinct from his normal style of writing "a", even to an amateur eye.
c)The signature given is slightly smudged and could be interpreted as either an "a" or an "u"
d)The first initial is given as S in the FIR but handwritten as B in the complaint
e)Personal details such as "Date of Birth" or "Father's name" are left blank
f)Nationality and Passport details are left blank
g) Residential address is given as the local address from which the theft is alleged to have taken place, though he is a US citizen and neither owns nor is he a tenant of this place. US address is not given.
h) US telephone no is not given. Local cell no is given. He is mostly in US.
How critical is it that the complainant's identity should be beyond question and absolutely verifiable in a cognizable theft complaint?
Can a complaint u/s 182/211/500 be filed against this person even before the complaint is closed (knowing it to be a false complaint and confident of proving it)?
Thanks in advance for the experts' guidance.
Sudhir Kumar, Advocate
(Expert) 29 August 2012
Whether the theft really took place?
Whether the thift was at reported place?
Is he disentitled to report theft if he is US National?
If he is summoned from local address then is it not his headache to appear for evidence from US.
Is date of birth and father'same must for erporting a theft.
Whether minor spelling erro in the name deviate the fact that theft took place.
