anil (manager) 13 April 2013

False rape allegation

i aged 57 yrs.1 lady aged around 25 yrs who lives 70km far from my city.this lady on 5th or 6th april filed a complaint against me u/s 156/3 in the court of ACJM in her complaint she said that i enterd her house on 30march2013 afternoon at 1pm asking about her mother-in-law,she told me that her mother-in-law not at home and after finding her alone,i raped her.

no medical medical report of that lady.

court order police file FIR against me.

*on 30th march 2013* i was at my shop from 10am to 10pm,this is my daily routine of working days.i have all day CCTV footage of my shop and CCTV footage very much clear that i was present at my shop that day.

i not understand what i do now.

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5 Replies

abhishek (advocate) 13 April 2013

apply for anticipatroy bail and consult a seasoned local lawyer immediately and also tell him abt the cctv evidence

(Guest)

@Querist,

Get the FIR Quashed by the high court while applying for anticipatory bail.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Ramakant Tiwari (Sr executive) 15 April 2013

he powers of Magistrate are not expressly mentioned in section 156 (3) of Cr.P.C. If that be so, a paucity will be crept mind that whether there is an implied power in the Magistrate under Section 156(3) Cr.P.C. to order registration of a criminal offence and /or to direct the officer in charge of the concerned police station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same or not.

That too, an aggrieved person has right to claim that the offence he alleges be investigated properly. However, The Hon'ble Supreme Court held in CBI & another vs. Rajesh Gandhi and another 1997 Cr.L.J 63 (vide para 8) that no one can insist that an offence be investigated by a particular agency.

The Classification Of Magistrates:
Before discussing the powers of Magistrate under section 156 (3) of Cr.P.C, it is necessary to understand the categories of Magistrates in our country. The classification of Magistrates is given in the Code of Criminal Procedure,1973. It stipulates that in each sessions district, there shall be