False 376 Fir filed against me

731 votes

The application can be filed by a person under section 482 of Crpc to the High Court for getting the frivolous FIR filed against him quashed.
Sec 482-under this section High Court has been vested with the inherent power to pass any order which is necessary in order to
Prevent abuse of process of court
To secure ends of justice to the people

After filling charge sheet by the police-
If the charge sheet has been filed on the basis of frivolous FIR , and the case is committed to session judge and before commencement of trial, the accused can file a discharge application u/s 227 of crpc,in order to get discharged from the offence charged with on the basis of false FIR.

Advocate Lucky Mukherjee LawRato

951 votes

Dear querist,
Will answer your question pointwise
1. Yes, they are bound to file chargesheet against you, adding all the sections to make the case stronger.
2. Yes you can but if will be expensive, quashing an fir was/ is/ will be expensive..
3. No and yes it wholly depends on individual, i usualy will ask you not to go...and get a good advocate, if you want to get out of the mess....

Advocate Rahul Uday Singh LawRato

619 votes

the time limit for submission of a charge sheet: As such there is no time limit specified for the police officer for filing of charge sheet, but if the accused is in police custody or is in judicial custody, then Provisions of section 57 and section 167 Cr.P. C. are applicable which provides for time limit for keeping the accused in the custody and granting of bail.

Reading of Section 173 of CrPC (Provision related to filing of Chargesheet) along with Section 167 would show that an investigating officer is bound to submit the charge sheet with in a period of 60 days in case of offences attracting imprisonment of 10 years or less and 90 days in cases where the imprisonment awarded is more than 10 years.

However, if the police does not submit charge sheet within two years, you can go for quashing. Alternatively, there is way out for avoiding chargesheet which I cannot write here in details. You may contact me for further details

Advocate Robert D Rozario LawRato

584 votes

Hello!! yes, police will file a charge sheet after 90 days of FIR. They will file charge sheet before completion of 7 years. Police will file charge sheet against you or not it is a big question. You can quash it on the ground that if charge sheet will not be filed. You can visit police station or trying to convince them to file charge sheet in your favour that section 376 IPC has not committed etc. Then you can be acquired in trail.
Thank you

Advocate Sougata Chatterjee LawRato