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False FIR registered what can be done
14-Jan-2023 (In Criminal Law)
a false FIR register at thana with clamp on staff of thana by a person on my family under 379. our family write to higher police officer for justice . after inquiry made by supervisory officer of police I.O was instruct to submit report as false case and submit report under 182/211, but i.o submitted as false case only and not mention 182/211 as we write personnel clamp with .i,.o,and I.O transfered.after 4 month of submission final report court take cognizance on our family ( petitioner clamp with peskar of court as petitioner is bhu mafia). our family filled a review petition with dist judge and also ask RTI to S.P for why reason of not submitted final report under 182.211. when it reached at thana thru proper channel SHO of police stn hand over case to another I.O for 182.211, now I.O submit report under 182/211 to court but court munsi not accepted and return this report verbally asking court take sangyan and review case also running. please advice and any ref. case r? regards
1- You file Quashing of Cognizance order of magistrate, in High Court.
Have you taken bail from court?
You shom me the record of ur case, then I can understand ur exact problem.
Quashing of cognizance and FIR looks possible in your case.
After study of ur file I can advice you much better.
Have you taken bail from court?
You shom me the record of ur case, then I can understand ur exact problem.
Quashing of cognizance and FIR looks possible in your case.
After study of ur file I can advice you much better.
Helpful?
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45+
Adv. Abhay Kumar
Patna | 100+ Answers
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You have take firm decision about your issue if your case is really false and no prima facie case is made out, then you should appeal to patna high court for quasing the cognizance order against your family u/s 482 cr.p.c. any reference case can only help you in high court and not in lower court.
Helpful?
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It is not clear from the facts given by you as the review can not be done in criminal cases. It may be a revision petition against the cognizance order. You could obtain the subsequent report of IO and enclose with your revision application as to show that the cognizance taken by the magistrare is illegal as the case was false one as reported by the IO himself in a subsequnet report though it was missing in the previous report but after having approached by the petitioner the same has been submitted by the prolice to the court.
Helpful?
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Adv. Sanjay Kumar
Patna | 25+ Answers
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