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ashok kumar (Social Worker)     03 May 2013

Fir under 156(3) on the basis of a wrong stated facts?

 

FIR under 156(3) on the basis of a wrong stated facts?

Complaint under Section 190 CrPC and a FIR is registered and Police is directed to investigate under Section 156(3) of IPC. The complaint is based on totally frivolous and wrong statements & concealment of the facts by the complainant. The police is not making the right investigation. Can the accused file an application / complaint with the same magistrate bringing the concealed facts / wrong statements of the complainant and asking for a direction to the Police to make proper investigation by taking into account the facts provided by the accused.



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 3 Replies

I love my parents (law)     04 May 2013

also intrested to know the answer

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     04 May 2013

No accused has no right to appear before the same court and apply for this the accused should file Writ petition for quashing the FIR if he/she has very strong proof that the complaint filed by the complainant is based upon the false and fabricated facts.

Feel free to call 

ashok kumar (Social Worker)     04 May 2013

Thanks Nadeemji

Yes U R talking about approaching High Court under Section 482


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