Remedies against frivolous complaints
24-Jul-2023 (In Criminal Law)
I have been harassed by being a subject of series of multiple false police complaints by a person since last 4-5 years in the same matter. Although all the complaints were filed and his complaints were found by police as of civil nature as the complainant has never presented any actual proof or evidence and has propagated his false complaintsby local political pressure. Although a FIR was never registered but i had to present myself in police stations several times and undergo unnecessary harassment at different times. the complaint was filled by police at least 8-9 times including a SIT investigation and a inquiry by IG Police. He has alleged, that i used details of his firm to manufacture a product under his name which is not true, there is only speculative theory to support his argument and he uses this plea to call for sec 420. Is there a way the police can be forced by court to open sec 182 for him or sec 156(3) ? is there any legal means i can fight him?
You can come to the High Court seeking a direction to the police for conducting free and fair investigation. You cant stop him from filling complaints with the police. You can only fight once the FIR is registered. Then you can seek it's quashing. And only he can file under 156(3) you cannot.
Two FIR for same offence
When complaint is maintainable
Can there be more than one complainant
Multiple FIRs against same person in different states
Second complaint is maintainable
Multiple FIR meaning
crpc does not bar second complaint if first complaint not disposed of on merits, supreme court
Move an application to the concerned police official to register a case against him under section 182 ipc and u can also file a case for defamation and u can also file a complaint before court under section 500 of ipc
Sir/Madam, There are several ways to implicate the false complainant including the cases of defamation. But the nature and character of allegations will decide. The facts mentioned above are not much to guide you. It is advisable to consult local lawyer. If the substance in the application has some merits even though police say it qualifies for civil dispute only, then also the person has right to file complaint.
if his complaint stand false but he was filling it again and again with the same allegation then its clearly harassment on his part. You may seek damages for your mental and physical harassment. If have given any false statement of any evidence before police authority then you also filed private complaint against him in court.
AT THE VERY FIRST YOU WRITE A REPRESENTATION NARRATING ALL THE FACTS TO S.P.
However, if you do not receive any satisfactory action even after complaining to the Superintendent of Police, then you can file an application to the Magistrate having jurisdiction under Section 156(3) of the Cr.P.C.
However, if you do not receive any satisfactory action even after complaining to the Superintendent of Police, then you can file an application to the Magistrate having jurisdiction under Section 156(3) of the Cr.P.C.
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