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can offences/FIR be registered without valid proof
22-Mar-2023 (In Criminal Law)
Can a Police Inspector in Maharashtra register Offences/FIR against a person against whom a false and fabricated complainant of loan default of Rs. 12. 40 lakhs has been filed by a unregistered money lender who has no evidence of the transaction of the loan given. Nor does he have any documentary evidence to support his claim, like Bank details, mortgage or Loan agreement that he has paid Rs.12.40 lakhs loan but insist that he has paid Rs. 12.40 lakhs in cash three years ago and therefore offences should be registered against the defaulter. The Police is trying to help the complainant and pressuring the defaulter to pay or face an FIR. What should the person falsely being implicated do? And how can he take action against the Police Official who are helping the complainant?
if the police, upon investigation find that prima facie the allegations are valid, then they can file FIR. if thd FIR is based on flimsy grounds or if there is any glaring discrepancy then the accused can proceed for FIR quashing procedure.
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Adv. Samina Mirza
Navi Mumbai | 100+ Answers
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You can tell Police to register a Cross FIR against that Money Lender and that Investigating Officer who is prompting you to give the Money leaders money back or otherwise face an FIR. Now this Cross FIR should contain that they are Criminally Intimidating you and It is their Criminal Conspiracy under Sec 120 B of IPC to put you behind bars under a conspiracy.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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- FIR Full Form: FIR stands for "First Information Report." It is a formal document filed with the police to report a cognizable offense. The FIR provides essential details about the alleged crime, including the date, time, location, and the parties involved .
- Filing an FIR without Evidence: It is possible to file an FIR without concrete evidence. The purpose of an FIR is to report an alleged crime and initiate an investigation. However, the police will conduct their own inquiry to gather evidence and determine the validity of the claims. False FIRs can have legal consequences, so it is essential to provide accurate information when filing an FIR .
- Defamation Case of crosss FIR : If someone files a false or defamatory FIR against you, you can take legal action against them for defamation. Defamation is a civil and criminal offense, and you can seek damages if you can prove that the FIR was malicious and false. A cross-FIR can also be filed for criminal intimidation and criminal conspiracy.
- FIR Filing Rules: FIRs should be filed promptly after the occurrence of the incident. There is no specific day when an FIR cannot be filed at a police station in India. However, it is advisable to file it as soon as possible to ensure the accuracy of information and the effectiveness of the investigation .
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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