How to protect from arrest under false written complaint alleging cognizable offense?
Sadanand B. Panchal
(Querist) 26 September 2012
This query is : Resolved
Respected Experts,
1. Sir, I am fighting against a builder for protection of civil right of my property. Developer instigated one lady in my area to lodge a false complaint to Police against me. The lady complained in writing that on the alleged day I and another person insulted her modesty by using some “X” words. The Police summoned me and on attending ordered to say sorry to the woman otherwise I would be in a lock up. I told that Why should I say sorry, I did not used any words or meet her at any event. Police kept me before him and at 11:00 P.M. then leaved me. Thereafter I through my Civil side Advocate addressed a letter to Police requesting not to entertain a false complaint and requested to give a certified copy of the complaint lodged by women under Article 19 of the Constitution of India. After 40 days Police lodged F.I.R. against me under Section 509 Part II of the I.P.C. I was arrested and brought before Criminal Court. On deposition of 5000/- I was leaved by efforts of Advocate. Advocate fee was Rs. 4000/-. Case is still pending since the year 2008.
2. Now the same woman again lodged a written complaint against me before the Commissioner of Police falsely alleging that I and one lady Editor of Newspaper have demanded 10 Lacs Rupees from the builder. The Police same way issued the Summons U/s. 160 of Cr.P.C. upon me. I attended the Police station and denied the alleged offense, Police recorded my statement and taken my sign on statement provided me the copy. When I requested for copy of the complaint by woman, the Police refused to give. Police did not Summoned the Lady Editor of Newspaper.This is a real story.
Both the events of written complaints involve the alleged false cognizable offense.
My query is:-
1) Whether on any written complaint may be false but stating cognizable offense, can Police lodge F.I.R. for?
2) Can anybody be arrested by written complaint of woman if she states the offense was under 509(II), or any other offense connected to be cognizable?
3) Is there any solution please explain me.
4) How can I obtain a copy of complaint against me.
I feel that this time also the Police will arrest me. Please help me.Please entertain my Query and advice me how to prevent my arrest.
Regards,
Sadanand B. Panchal
Raj Kumar Makkad
(Expert) 26 September 2012
You have already been arrested are on bail in first matter which is pending since 2008 so you might have received the copy of challan which contains the copy of the complaint and so far the second episode is concerned, you can obtain the copy by invoking RTI Act before the SHO of the concerned police station. If you anticipate the lodging of FIR on the basis of subsequent complaint, you should apply for anticipatory bail. False or true is judged by court so you shall have to wait for the outcome of the result/judgment.
JANAK RAJ VATSA
(Expert) 26 September 2012
it is preferable to obtain a AB for the second complaint to avoid arrest
