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Anonymous   05 July 2016

Need expert advice

Hi All

           This is the chronological sequence of events happened.

1.Wife filed a false theft complaint againt me after I filed divorce. Police enquired and took no action as the complaint was false.
2.Wife approached high court for direction to file FIR on th CSR. Police gave an intimitation to the court that the enquiry was conducted and closed. Regardless, Court gave a direction to file FIR if there is any cognizable offence or close the petition otherwise.
3.Wife took the order to the police station and forced them to immediately file a FIR and remand my family. When we enquired, the Inspector seemed to be more inclined towards my wife and demanded money for compromise.
4.So,I approached high court for anticipatory bail. Police again gave an intimitation to the court that the enquiry was conducted and closed. So Court dismissed by bail petition stating that the petition is already closed.
       My question is whether police can change its stand and go-ahead and file an FIR as it gets a direction from high court. How should I move forward in that case?.However, the direction clearly states that the FIR needs to be registered only if a cognizable offence is made out. Please provide your valuable suggestions.

 



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     05 July 2016

When police have given intimation to the court regarding closer of the case they cannot file any case against you.  You take the order copy of the intimation and court order.

Anonymous   07 July 2016

Thanks for your reply Rajeev. When I checked with the police station, they told me that they will be registering a FIR as my wife is putting pressure through higher officials. Please let me know how can I handle this situation?

Anonymous   07 July 2016

Somebody please answer my query?.


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