HOW TO DEAL WITH A FALSE F.I.R. REGISTERED AGAINT YOU?

 

 HOW TO DEAL WITH A FALSE F.I.R. REGISTERED AGAINT YOU?

By swatee shukla

 There are various instances where false FIR is lodged against a person in order to harass him or to have revenge.it has been seen several times that people with wrongful intend and to put someone’s reputation down, lodges a false F.I.R. against them.

 So what to do if someone has lodged a wrong F.I.R. against you?

The very first step is to obtain certified copy of F.I.R. from concerned court. And then after a detail study and finding out all false allegations, you have to file a detailed representation against all those allegations before investing officer. The representation can be filed through an advocated or next friend of accused. It can be requested to make documents attach with representation a part of case diary. And if investigation officer denies to do the same, then in such case you can file the representation before S.P. office. Such representation can be sent via registered post too. Now if it seems that investigation officer is favouring the other party or he is investigating with partiality then a request can be presented before S.P. office to change the investigation officer. 

Now if, even, after all this processes, accused is unable to get remedy, then the person can file petition before High court under section 482 CrPC.

Yes, a person against whom a false F.I.R. is lodged, he can approach directly to high court for quashing such F.I.R. under section 482 of CrPC. Keep in mind that law of natural justice says that no polluted hands shall touch the pure fountain of justice, so you should approach Supreme Court with clean hands. Rest if a wrong F.I.R. is lodged against you or after lodging the F.I.R. both the parties to case i.e. accused and the victim have settled the issue, you can approach directly to the high court under section 482 CrPC to quash the F.I.R. and settled the dispute for forever. So to quash F.I.R. lodged against you, Supreme Court has set some guidelines, and the apex court said that

“Section 482 CrPC preserves the inherent powers of high court to prevent an abuse of process of any court or to secure the ends of justice. It only recognises and preserves powers which inhere in the high court.

A writ petition can also be filed under article 226 of constitution of India in order to quash the false first information report against him. Here, two kind of writ can be issued by high court i.e. the writ of mandamus and writ of prohibition.

 Punishment in case of false FIR-   as per section 211 of IPC (False charge of offence made with intent to injure), a person can be held liable for lodging false FIR. The punishment for the same can be imprisonment which may exceed to two years or with fine, or with both. The victim can claim for compensation too. But if FIR lodged was of an offence punishable by death or life imprisonment, then such person shall be punished with imprisonment which may exceed 7 years and also be liable for fine...