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False case of bribe has been filed against me,what should I do legally


29-Mar-2023 (In Criminal Law)
Based on the complaint of mr x i was booked under sec 7 of poc act 1988 for demanding bribe from mr x on the basis of the audio rec.The complaint was lodged on 8-2-17, more than 50 days of my retirement from the govt service and i have not accepted any bribe from the complainant, and no work of him was pending with me. I want to know weather i will be tried in the court of law or they will file the B report--want your legal opinion
Answers (5)

Answer #1
903 votes
Dear Sir,

I need to go through the complaint copy filed by Mr X , and also the audio recording. Please feel free to contact me. Come to office for a discussion. Thanks for writing. Looking forward to hearing from you
Answer #2
781 votes
Sir in this case it is first necessary to get anticipatory bail and then think of approaching the high court for quashing the complaint and FIR, further if the FIR and complaint are quashed no problem, and further if the police file B report it is better if not then you have to face the trail. So first get bail there after you can take other steps.
Answer #3
948 votes
As you know even in cases where sting operations are made - tried by TV and newspaper people the cases were booked. But if complainant`s no work was pending with you and if there was no mention of any such work even in the audio, they they may file a B report. You can contact advocate only if a FIR is registered against you.
Answer #4
899 votes
I am assuming that it is ACB and not Lokayukta - You need to preserve all evidence you have in your support and may be even compile it, put it in a chronological order and submit it to the authorities and see if they submit a "B" Final report else you have to appear and defend yourself

--- Advocate C V Srinivasa
Answer #5
525 votes
Hello Sir, please know that once a case is registered for the offence punishable under the Prevention of Corruption Act, usually charge sheet would be filed. If it is found to without materials, may also filed B report. The circumstances you narrated are the grounds for seeking acquittal in the case. Whether the audio conversation is incriminating is the point, which determines the filing of report.
Your query details are insufficient to give definite opinion. Personal audience enables to give correct opinion.

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