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Vicky Marwah (Business)     12 May 2013

Lodging of false fir

 

·         That one lady namely XXX made a written complaint to the O/c , *** Police against me , my father and my brother accusing all three of us of kidnapping her husband namely ZZZ  with an intent to murder.

         The locales on the very same day blocked the national highway for 4 hrs and pressurized the police in lodging of the case aginst us and for recovery of her husband ZZZ. Then again on the next day the locales blocked the national highway for around 5 hrs. and even our business establishments situated on the national highway was closed for nearly  2 days by the police in view of the rage and danger caused by the locales.

·     That police upon receipt of complaint immediately lodged a FIR bearing no. ***/12 on  dated 02.02.12 against three of us under sec 364 of I.P.C and started investigation.

·     That while the investigation was on,  the husband Mr. ZZZ of the lady dramatically returned back on dated 04.02.12 and  further gave written statement to the police that he was kidnapped by me and my brother and stated grave allegations against us.

        The police thoroughly questioned us but didint arrest us and upon inverstigation the police found the case to be false and accordingly submitted a final report on dated 27.03.12 before the concerned magistrate. The magistrate after giving due chances to the informant and who neither turned up nor filed any protest petition finally accepted the final report submitted by the police on dated 20.09.12.

        No bail application was moved by any of us before any court at any time.

 T    That The Dy. Superintendent of Police (supervising officer of the case) in his supervision report gave orders to the IO of the case with recomendation to procecute the informant u/s 182/211 of the I.P.C. but his superior The Superintendent of Police in his supervision report stated that since the informant is a Woman so it is not proper to prosecute her under such law.

         Thus with such order the I.O of the case submitted a final report but since no action was taken by the police against the lady as well as her husband who also gave false statment before the police and since a false charge under Section 364/34 of the Indian Penal Code was brought at the instance of the lady informant as well as her husband ZZZ, which is punishable for ten years. 

        Thus I request my fellow members to  Kindly help me with suggestions regarding action that can be taken against the informant as well as her  husband under the provision of law keeping in view the trouble, mental agony, harassment caused by such persons.



Learning

 2 Replies

RAJENDRAN K.M. 09443050520 (Advocate)     16 May 2013

You can file defamation case against that lady in proper court.

Vicky Marwah (Business)     18 May 2013

The thing is not about only defaming and what about the criminal proceeding initiated against me and charging me with a seroius coffence such as under 364 of I.P.C.

Is there any remedy available for prsoecuting them for bringing up false charge of offence u/s 364 of I.P.C.


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