FIR VALID OR NOT

Mohammed Ashraf (Querist) 15 February 2010 This query is : Resolved
My friend had taken back the supplied goods from the retailer who was not paying the amount for the goods in the due date,the person made a fir on 7th january 2010 in the police station against my friend for harrasing and taking his goods back,till date the police are harrasing my friend for this,please guide what to do,is the FIR valid or not?,is there any validity of FIR according to IPC please help for the above. Thanking You All

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A V Vishal (Expert) 15 February 2010
Clarify whether is it a FIR or just a complaint. In either ways the police cannot harass the accused. Your friend may approach the Higher police authorities and in event of non redressal of his grievance he can approach the court with the grievance.

Guest (Expert) 15 February 2010
mr vishaal is right.

Sanjeev Panda (Expert) 16 February 2010
I am not clear whether the FIR has been registered or not. If the FIR has not been registered, then the proper course would be to take the matter with the higher police officials. Make proper written representation in consultation with your lawyer against the false allegation made against you in the complaint, if it is not registered as FIR u/s 154 Cr.P.C..
However, if ones the FIR has been registered, the same can be quashed by the High Court under Section 482 Cr.P.C. You have to file a quashing petition. Please also refer to the judgment of Supreme Court in State of Haryana Vs. Bhajan Lal.

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