False case under section 279 and 337
indian_citizen
(Querist) 30 January 2016
This query is : Resolved
Hi All,
I was charged with a false case under section 279 and 337 by an unkown person in Meerut, who filed an FIR which mentioned that my car hit his bike from behind and due to which he got injuries on his head and somebody who was nearby saw the car no and wrote the car no. on his shirt collar with his blood. The complainent has mentioned my car no in his FIR.
I have never gone to Meerut ever, and the day this FIR was filed I was sitting in my office in Delhi. So cops came to my home, explaining that there is an FIR against this car no, and they have taken the address of the car from RTO.
I got all proofs for this from my office including digital attendance and other statements by security guards and other office colleagues. Even after submitting all these proofs, IO of the case was still not accepting these proofs as valid and, finally I had to goto to the DIG for some help. Finally when I showed the case to the DIG Meerut, he straight away called up the IO and scolded him for even registering such a case.
Finally a FR was sent by the police against the FIR and sent to the court. Now the problem came when I went to sell my car after around 2 yrs of this incident. The RTO has denied to transfer papers against my car, as the police had attached a copy of the case with my registered car. And now I am stuck badly. The police station says, that there job is done and now its the court who will decide the outcome. So I hired a local lawyer who then got the information that the complainent has not appeared even once for this case, and till he shows up in court, this case can't be closed.
So can anyone please guide me on how to proceed with this type of case ? I've already sold this car and I need to transfer the registration of the car to the person's name who I've sold it to.
P. Venu
(Expert) 30 January 2016
It appears that the IO, the DIG had been injudicious. In fact, you should have requested the DIG in writing for proper investigation.
The case has already been submitted to the Court, but the proceedings are yet to commence. That way, the RTO is right in his stand.
The information given by the lawyer does not appear to be correct as you, from the facts stated, have not received no summons.
The option for you to get discharge or acquittal or merits from the Trial Court or approach the Higher Judicial Forums. However, the procedures may involve much expense and could be time consuming.
There is far more prudent course, if your conscience permits. You may file an application for advancing the case and plead guilty! Generally, the case is closed by imposing a fine, as per the practice prevalent in the court. You may ascertain the practice followed in the local court from an advocate or the Bench Clerk.
Rajendra K Goyal
(Expert) 30 January 2016
Get the copy of the case file and obtain second opinion of some other lawyer.
dev kapoor
(Expert) 30 January 2016
Hi,
Mr.Venu has given comprehensive opinion and rightly.
Despite your detailed description there is a little confusion in text.Your have written "FR".Does this mean a 'Final Report'? If yes, then I differ from Mr.Venu.
Final Report usual means 'closure report' & not a 'charge sheet'.If that be so you cannot plead guilty.In that event Magistrate is bound to issue notice to complainant/informant to appear before the Court and state why FR be not accepted.If he does not appear b4 Mag,he can agree with police findings and approves FR/Closure Report.
You ask your lawyer to obtain a c/c of final order of Magistrate & furnish to RTO concerned and get NOC.
II PART
If police has presented a charge sheet against you following options are available-
-File an application for 'dropping' proceedings against you;
In case you are summoned as an accused your statement would be record to start prosecution proceedings, if you PLEAD NOT GUILTY & case will be posted for complainant/informant's statement.Court can close evidence and record your acquittal if complainant does not appear without any justifiable cause.You may obtain c/c of final order of Court & obtain NOC after furnishing same to RTO;
III
You make a plea of guilty but you shd be sure that Magistrate imposes Fine only and no imprisonment.
.
.
I am sorry to add that due to procedural wrangles even an innocent citizen may be punished or embarrassed.Under our laws and conservative practices being adhered to in the courts sufferings of litigants have not been mitigated......that cannot be cured must be endured.
indian_citizen
(Querist) 30 January 2016
Thank you everyone for their helpful inputs.
@dev kapoor: The police has submitted a FR i.e. Final Report against this case.
So now simply I need to wait for the Magistrate's decision ?
But if there is a case registered against my car, shouldn't there be a stamping done on my car's RC ?Because no one from police nor RTO has asked me for my original car RC. So if I take the copy of the FR filed by police to the RTO, would that be of any help ?
.
.
@dev kapoor - You are absolutely correct, these procedural wrangles have been very strange and stressful for me. First the police harassments and now this. I sometimes feel sad about our judiciary system that someone who is not at fault is suffering from all these issues and the complainant is at ease.
R.K Nanda
(Expert) 01 February 2016
agree with experts.
