False fir against an advocate, high court bombay
Mohammed Rizwan Shaikh
(Querist) 24 August 2014
This query is : Resolved
Dear Experts,
I have a friend who is an Advocate, took the case of illegal construction done by the Trustees of a Mosque. In retaliation to this case, the Trustee filed a complaint with the local Police Station 2 months back by stating that, the Advocate has demanded 10 lakhs to take the matter back. The Trustees produced false witness in the said complaint. The local Police Station called the Advocate to take the statement which he gave.
Now, it has been learnt that the local Police station have filed an FIR against the Advocate friend. However, the Advocate managed to get interim stay from the session court after file ABA. It will be heard on 25th Aug 2014.
At this instance it is crystal clear that the Police under pressure was able to file false FIR that too against an Advocate for the extortion of money.
What remedy lies with my Advocate friend?
I would appreciate if you experts help me with the HC or SC judgement to quash the false complaint and FIR, in turn suspend the culprit officer and false complainant.
Regards,
Rizwan Shaikh
ABDUL RAZIQUE
(Expert) 24 August 2014
your friend is practicing lawyer so he well known HOW TO DEAL the nature of case
ajay sethi
(Expert) 24 August 2014
we dont provide citations . since accused is an advocate he will be able to take legal recourse
Guest
(Expert) 24 August 2014
Take the help of a good senior advocate of your place since the other side seems to be influential and strong.At this stage the Citations will be of no use to you and the Senior would handle it and of course the citations not provided here normally.
Kolla Gangadhar
(Expert) 24 August 2014
Your friend must file Petition under Section 482 Cr.P.C. or Writ Petition under Article 226 of the Constitution of India to quash F.I.R. and obtain Anticipatory Bail. Court may not stay investigation pending disposal of quash Proceedings of F.I.R.
Satya nand aggarwal
(Expert) 24 August 2014
Mr kolla gangadhar is absolutely right, and move further as per his valuable advice
Rajendra K Goyal
(Expert) 24 August 2014
Citation not provided in this section. Being a practicing lawyer your friend knows how to proceed.
T. Kalaiselvan, Advocate
(Expert) 28 August 2014
Being a practicing advocate and also well aware of the consequences he indulged into such activities, he can manage the issue with the help of his senors or bar colleagues, ask him to look for citation from the bar library itself.
