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Legal Advice Required – Counter FIR / Second FIR and Police Action”
04-Oct-2026 (In Criminal Law)
A case was registered against the opposing party on July 31, 2026, under sections 115(2), 323, 504, 76, and 109(1) of the BNS; two individuals were arrested in this matter and subsequently released on bail. That same party then filed a case under Section 56/3 in the CJM court, prompting us to file a case under Section 340 against them, regarding which the police had submitted an investigation report. However, on August 31, 2026, the opposing party registered a case against us at the police stati
मे दिलशाद एडवोकेट मुरादाबाद कोर्ट से हूँ आप परेशान न हो हम आप के साथ है
Aapke case mein 5 dhara lagi hain - *115(2), 323, 504, 76, 109(1) BNS*
Inme se:
- *115(2), 504 - Bailable hain*
- *76 BNS - Non-Bailable hai*
Kanoon kehta hai ki agar ek hi FIR mein ek bhi dhara Non-Bailable hai, to puri FIR ko *Non-Bailable Case* mana jata hai.
Isliye aapke case mein *76 BNS* laga hone ki wajah se Police bina warrant giraftar kar sakti thi, aur isi liye 2 logon ko giraftar karke phir Court se bail leni padi.
Lekin ghabrane ki baat nahi hai, 76 BNS mein bhi CJM / Sessions Court se aasani se bail mil jaati hai agar pehle se koi criminal history na ho.
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Adv. Dilshad
Adv. Dilshad
Moradabad | 25+ Answers
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section 340 is for perjury in case of false evidence however the opposite party has registered a case in the police station cjm court some affidavit can be filed kindly see the case in court to see what is the issue
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Adv. Spiti Sarkar
Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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dear client,
as per your query, the only concern about what proceedings were taken in the perjury case rest as ur question is it's a counter case will be discussed but it will be chargeable discussion for your case related query for future reference and discussion please contact us with your relevant documents and call us to fix your appointment.
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Adv. Rahul Rathi
Adv. Rahul Rathi
Allahabad | 700+ Answers
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A counter-case on the same incident is legally permissible, since the Supreme Court held in T.T. Antony v. State of Kerala (2001) and Upkar Singh v. Ved Prakash (2004) that a cross-FIR or counter-complaint with a different version can be registered and investigated separately.
you have to defend it on merits and show its retaliatory character. First, obtain a certified copy of the FIR and check its sections, as the sections in the query seem to mix IPC and BNS numbering and should be verified against the BNS. Second, if arrest is apprehended, move promptly for anticipatory bail under Section 482 BNSS (old Section 438 Cr.P.C.), citing the timing of the FIR after your Section 340 proceedings and the earlier bail orders. Third, iand the notice procedure under Section 35 BNSS for offences punishable up to seven years. Fourth, place on record the earlier FIR of July 31, 2026, the bail orders, and the Section 340 proceedings with the police report, to show the delay and the malicious motive. Fifth, if the allegations are false or an abuse of process, file a petition for quashing before the High Court, and seek a stay of coercive action. Meanwhile, cooperate with the investigation and keep evidence such as call records, CCTV, and medical papers ready.
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Adv. Hariom Dubey
Adv. Hariom Dubey
Varanasi / Banaras | 25+ Answers
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In respect of second FIR which is registered against you, you have the option to file petition for quashing of FIR before concerned High Court. However, interference by High Courts in FIR is not much so the other option is to join investigation in the FIR and try to get closure report filed by police...
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Adv. Rachit Gupta
Adv. Rachit Gupta
Lucknow | 5+ Answers
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