False FIR filed bail granted what should be further course of action
20-Aug-2023 (In Criminal Law)
False FIR under 498a was filled against us last month.As per the procedure we filled application for Anticaporty Bail at Session court, Applicant admitted during proceedings as FIR was false .Judgments passed by Honb court states Case Disposed. Further seeking information :a.Do we still need to furnish Surety Bond at Local Police station.b. What's time limit for filling Chargesheet under 498a c.what should be next course of action from our side to get things sorted.
Hello,
If you have been already granted Anticipatory Bail by the Sessions Court, kindly see the conditions of the Bail. And yes, you will have to furnish for surety when the Police calls you to do so before filing of Chargesheet.
Apart from that, if the FIR is totally false on the face of it and there is no material in the FIR and you have a good case on Merits, then the next step you can go for is file a Writ Petition u/s 482 CRPC in the High Court for Quashing of the FIR.
If you have been already granted Anticipatory Bail by the Sessions Court, kindly see the conditions of the Bail. And yes, you will have to furnish for surety when the Police calls you to do so before filing of Chargesheet.
Apart from that, if the FIR is totally false on the face of it and there is no material in the FIR and you have a good case on Merits, then the next step you can go for is file a Writ Petition u/s 482 CRPC in the High Court for Quashing of the FIR.
Your question is a little bit vague... no matter First answer me this Has the court granted you anticipatory bail? or has court disposed the the application and if yes what is the specific order of the court. if the court has granted bail then you need to provide sureties in the court as per its order not at the police station as it is a non bailable offense.Has the court specifically stated to quash the chargesheet or the FIR ? please look into it as it is a bail application i do not feel that the court has ordered to quash the proceedings but please see what order has the court made . as to your next question the limit to file the chargesheet is 90 days but it can be elongated or extended if the accused has been released on bail. the answer to question no 1 is given above. please consult your lawyer or you can consult me but for that i will need to know the case number and the order of court. and if the complainant has specifically stated in court that he has filed a false FIR and if it is on record in the order of court . then you can file a complaint against him in your local police station or if they refuse you can file a private complaint in the local court.
further the chargesheet will get filed in an appropriate court of law! once the chargesheet is filed the matter will go for evidence and statements recorded at the time of investigation! appoint a proffesional pleader or lawyer to handle your case!
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