complainant making false statement that accused is not traceable

667 votes

In this situation, since the complainant has filed a false complaint under Section 452 of the Indian Penal Code against the accused (who is a co-owner of the property), and the accused has not received any summons, there are legal remedies available without requiring an immediate personal appearance in court. The accused can file a petition in the High Court for quashing the complaint under Section 482 of the Criminal Procedure Code (CrPC). Section 482 provides the High Court with inherent powers to quash frivolous or malicious cases, especially when they appear to be false or intended to misuse the legal process. In the petition, the accused can highlight that the complaint is based on false grounds, emphasize the co-ownership of the property, and demonstrate the absence of any partition. If the complainant seeks to declare the accused a “proclaimed offender” to proceed with auctioning the unpartitioned property, the accused can argue that this move is a misuse of the legal process, as co-owners have equal rights to the property until an official partition is conducted. To strengthen the petition, the accused should gather any available documents that establish co-ownership, such as property records or agreements. Legal representation is also recommended, as an advocate can represent the accused in court without requiring the accused’s physical presence, especially when the accused is in another state and has not received any formal summons.

Advocate Rohan Venkatesh Yemul LawRato

583 votes

Well, if the Complainant has filed a Bogus Case, then, you can seek a Discharge by filing Discharge Application or get the FIR and Criminal Proceedings quashed against you by filing an Application under the requisite sections.

Advocate Pankaj Bajaj LawRato