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ANDREW RAO   18 August 2017

False imprisonment and FIR Discrepancy

My relative lady and family were falsely named and imprisoned for 27 DAYS under section 306, 114. Till date the investigation nor chargesheet is filed.The date of imprisonment is 25 April 2017. RTI was filed for discrepancy but Police turned it down. How to claim for illegal imprisonment and false implications? Please help.


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 1 Replies

Raveena Kataria (Advocate )     21 August 2017

Hi! As per law, the chargesheet, which is a final report of the offence(s) committed by the accused, has to be filed within 90 days of the date of imprisonment of the accused, if the offence of which he could be guilty is punishable with imprisonment for above 7 years.

However, since the chargesheet hasn't been filed yet, the accused can perhaps approach the first class judicial magistrate of their jurisdiction so he or she may direct the police to complete their investigation and file a chargesheet. If, indeed, no offence is made out and/or it turns out that the complainant had lied to the police in their complaint and the accused is acquitted, he or she may file a case for malicious prosecution against the complainant.


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