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Wrongly named in FIR. How do I get police' stamped clearance ?


01-Sep-2023 (In Criminal Law)
I have been mistakenly named in a FIR and am confused with another person with the same name. I have talked with the police on phone and explained them my case. How do I obtain their stamped notice of clearance, so that it doesn't come up later in my life during police verification and other govt exams verification process. Should I write an application? If so, what should be the content?
Answers (4)

Answer #1
634 votes
Quashing of the FIR against you is the safest option available in the facts of your case. Quashing of FIR FIR quashing is the petition filed before High Court for quashing the FIR and all related proceedings against the accused. An FIR an be quashed by the High Court if the Court is satisfied that the accused is falsely implicated and FIR is bogus and frivolous. The Code of Criminal Procedure, 1973, elucidates inherent powers of High Court under Section 482 [1] as follows: Section 482 enumerates that a High Court has got the power to act in any manner in order to make the two ends of justice meet. Under this section, a High Court has the power to quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with malicious intention to trouble the aggrieved person. If any person has been implicated and accused of a non-compoundable offence then he can approach a High Court and file a Writ Petition under Article 226 of the Indian Constitution read with Section 482 of CrPC
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Advocate Ajit Wagh

Adv. Ajit Wagh

LawRato Delhi | 25+ Answers
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Answer #2
692 votes
Hi You need to get this in writing and then stamped by the concerned IO. He will take your statements and that will become part of the Charge sheet, make sure your statement is taken, IOs keep changing and the next one might not have that clarification. It’s best to keep things in writing. Feel free to get in touch to discuss further
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

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Answer #3
519 votes
You see! the information you have provided is insufficient, but i shall give you my opinion generally on the matter. The FIR often contains specific details of the accused. Sometimes the details are elaborate, but most often, it's just the father's name and/or address of the accused that is mentioned therein. Find out if the accused shares your name and other details. Its highly unlikely for the accused to share the same name-age- father's name as you. However, if you are the one intended in the FIR, it will either take a trial or a quashing by High Court.
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Answer #4
924 votes
In this case I would recommend you to have an expert advocate who will frame one notice on your behalf to intimate the concerned police station and higher authorities that you are not the person they are looking forward for in that particular case …kindly be in touch if you want us to draft this notice thank you
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Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
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