Sreedhar Sunkara (advocate) 24 December 2021

False case u/s 156(3) crpc

Hello members,

One old lady took 2 pensions, one is a family pension and the other is social welfare pension. She took social welfare pension by hiding facts about the family pension. An inquiry was conducted by govt officials and she confessed her crime. But in order to escape from charges she file a complaint u/s 156 (c) of crpc that her pension details like pension number are hacked and should be dealt with 66 c of IT act 2000-2008. But The govt is providing all details of pensioners on the govt website, if a person takes two pensions by cheating it can be available by searching their name. For more than a year there is no sign of charges against the person. Yesterday I got to know that FIR is lodged u/s 156 -3 crpc.

The information is readily available in the public domain and govt is providing it for citizens for free of cost. In this case, the complaint does not fall into IT act 66 C 2000- 2008. The complaint made u/s 156 -3 is to intercept with the investigation et in motion against the criminal and to waste time.

What is the course of action of the accused?

Under what section filing a false complaint to magistrate 156 -3 is false?

Reply Follow

2 Replies

Anaita Vas 24 December 2021

Most of the time it happens that person deliberately lodges false FIR against someone in order to falsely implicate him in a false case.So the question arises that where he can seek a remedy? What action can he take against such person? Whether he can take any action against such person or not?

Where a false FIR is lodged against a person by someone to falsely implicate him in a false case, then in such a case-

The Application can be filed by a person under Sec 482 of Crpc to the High court for getting the frivolous FIR filed against him quashed.

Sec 482. Saving of inherent powers of High Court. Under this Section, High court has been vested with the inherent powers to pass any order which is necessary in order to-

Prevent abuse of process of Courts; or
To secure ends of justice to the people

The person who files a false FIR against someone can be held guilty under Sec 182 & 211 of IPC, but only after the accused had applied to the High Court for quashing the false FIR lodged against him and the High Court had quashed such false FIR or if the accused is acquitted or discharged by High Court.

(A) Where the person lodged a false FIR against an Individual, that individual may u/s 182 of IPC file a complaint with the police officer with whom such FIR has been lodged or to his Senior police officer, who is empowered file a case against such police officer who has lodged the FIR before the Magistrate court.

Regards,

Anaita Vas