False implication in a criminal case

My Learned friends may kindly go through section 220 of Indian penal code. This section is the last nail im the coffin of those who maliciously get others prosecuted. Section 218 of IPC may also help if the accused felt that the investigating agency had falsely submitted a report then the investigating officer may be prosecuted. There is also provision for compensation under section 358CrPC. The important thing is that whether the accused were falsely chargesheeted or the case was under the stage of investigation.

Has the accused been charge sheeted or simply FIR has been lodged? If FIR lodged then is it a direct case or a case under section 156(3)CrPC? Please clarify.

Rahma Ji

No FIR registered . Direct summoning of accused by the magistrate.

Mr. Rahman

Sec.258: Rs.100/- fine maximum

Sec.218: applicable to public servants only.

Donot you think Rs. 100/- is joke which our courts should address

sanjeev

You may kindly see that the police is also involved in the process of malicious arrest. Rs 100 has been ammended to RS 1000/- and it will be realised as if fine is realised. So a fine of Rs 1000/- for a police officer is a blot on his service. My all submissions are regarding discouraging the public servants from misusing their power under infliuence. You have omitted section 220 of IPC. what is your comment about that?

When you have been summoned either you appear and get bail or seek anticipatory bail from the court of sessions. You have also the right of filing cases against the OP in the manner as they did to you.

Sanjeev, How can you go against the law of the land?  There is frame work under which one Advocate is supposed to work. Professional gimmicks, tricks , manipulation of wordings and flowery words are taken as a chance by the advocated in achieving their goals for the clients. Judges are also human being. They have emotions and feelings and are very much part of our society with their families. If the law says that one should be fined Rs 100/- for committion some offence,one has to obey. You see one purchases a  Honda car  worth Rs 8 lakhs. He violates traffic signal. He is fined RS 100/- but a motorcyclist committing the same crime is also fined Rs 100/-. What can be done in such cases?This is the system in which  the judge and advocates both work. Either send potent persons to Parliament to make stringent laws or bear with the existing setup which makes law according to its own convenience placing himself as an accused in the dock before legislating a law. 

 Yes. Laws are the same for everybody. Only their implementation varies from person to person. Classic case of Manu Sharma? He gets parole. Others who filed for parole months ago are still languishing in jail. Delhi Police does not recommend. Chandigarh police does because his father is rich and influential politician, a congressman, had been a minister and look at the temerity of Sheela Dixit who justifies her decision even after Delhi High Court chides her.

What is the practical side? Yes, Rs.100 fine in both Honda and bike cases. What is the reality? Instead of 100, the pocket of policeman is lined with a 50 rupee note. And why not? That is out system and we have live with it. 

A columnist wrote yesterday that police is doing immense good to the society. From every hawker, it is collecting 30-40 rupees daily to allow him business on the street. This solves the problem of unemployment. Else, it will haul them up to the police station where enormous amount of paper work will be involved, lock-up facilities will be choked, government will have to foot their food bill, magistrates will be overburdened with work, the hawkers will be fined and then come back again on the road. The process will start all over again. We should be thankful to the police. In some way, they are our saviours.

If the police finds a young couple (may be husband and wife), it will scold, stalk and then extract its pound of flesh before letting them go. Else, take them to the police station. For what indecent behaviour in a public place and causing nuisance.

That is the law and we have to live with this system.

Mr Rahman/anil ji

there are always attached responsibilities with job be it policeman or highest job. Person who is unable to live upto the burden to chair is called incapable. Presiding officers in courts are supposed to deliver the judgements in the best way. If they can not they shud quit. No body should be allowed to get shield of incapacity. Have we seen the number of applications which are being filed u/s 156(3) in courts specially remote areas/districts and corresponding Sec. 482 applicaions in HCs. One can feel the nuisance of false cases when he is trapped.

sanjeev

Agarwal saheb, u appear to be heart burnt. Why dont you try to change the system? Either break yourself or break the record. Malady is every where. So should we commit suicide or abuse the violators all through the life. In the dark a candle of 25 paise creates light. It diminishes the darkness. If one is aggrieved of any Police wala who has violated the law or demanded favour, lodge the complaint against him. If his boss does not listen, file a complaint with humanrights commission. You have to set the law in motion. Even if the toddler does not cry he doesnot get milk from his mother. By the way who is Police? A person like you and me? In most of the cases it is the police who is induced by the offenders to minimise the offence or close the issue. If you violate a law, face the prosecution and pay fine or serve jail term. Dont oblige the police. Instead of giving him Rs 100 as bribe, pay Rs 200 in court and serve the nation. Who stops you? Moreover, Parole and furlough are the  proregatives  under the jail code. If law allows it where is the harm? Promod Mahajan 's killer is out on furlough. If their lawyers have the legal wisdom to secure some relief for the convicts then the alternative is to challege it legally. Lamentation does not help.

"Capable Judges be appointed" is the buzzword nowdays in newspapers?

Why is it so?

Pls see my gist of case mentioned in Page 1. Then pls tell me who is responsible. People go the that temple only where they experience some thing positive. They do not go or leave going to temple if they feel nothing will be got.

People are getting bad experiences now. Pls see the post being posted on this website and try to evaluate.

sanjeev

My Dear Sirs,

In my case Magistrate issued NBW in N.I. Act  but session Court set aside the said order by observing that the complainant has knowingly filed false case and wrongly implicated me.

How I can Punish the Complainant ?

How I can recover my monatery losses which I incurred because of such false case ?

Any otehr wat to stop such none-sense ?

Kindly do guide.

Every Reply will be valuable !

Regards.