Anonymous
Asked August 13, 2016

illegal FIR

  • 2 Answers
  • 143 Views

Hi, I am working as a software engineer and my brother was staying in native and suddenly he absconded , people were claiming that they have loaned some money to my brother meanwhile after he ran way Insolvency notice has been served to some of them by native judicial court, after hearing this news, some people in native started filling fake case including me and my father in that and threatening us by using police . Now only we came to know those guys are doing this private money lending as a business. [You can feel the relationship with those guys and police and till now police have not said about the case details to us]. We have been taken direction "Not to Harass" from high court and we are planning to go to native, but suspecting that those people will try to file some false cases against us like "we have been beating them or trying to kill them" kind of by making use of our so called police system. How to avoid this legally and make sure those guys can not file these kind of cases , though they are complaining, the police should not file an FIR/CC without proper proof ? the reqson for this question is we are not believing local police itself because they are working for those high fi money gundas instead of government

Answers 2

Default avatar
Divya Maheshwari

A) F.I.R. is FIRST INFORMATION REPORT. Hence, it is the report filed by a police officer who gets the information about the occurrence of the incident. Whether the report is true or not that would be proved only after the investigation is done. Also, you mentioned that the police are also involved with these gundas and they do whatever they say and you feel that FIR is filed only to harass you, apply for anticipatory bail under section 438 of the code of criminal procedure.

In the most recent case of the Supreme Court, laying basis for grant of anticipatory bail, the Supreme Court has clearly differentiated between power to arrest and necessity to arrest. You cannot be arrested for no reason. Police officer under Section 173 of Code of Criminal Procedure must investigate against the person against whom the F.I.R. has been filed. If in the investigation the officer finds that the information given in F.I.R. against you is true only then you would be charged. There is also a provision of quashing a FIR given to the high court.

So you can directly go to the High Court and file a writ petition for quashing of F.I.R. which has been filed against you on false charges. And in the petition you need to state the grounds why the F.I.R. filed against you should be quashed. This power is given to you under Section 482 of Code of Criminal Procedure this section gives inherent power to High Court to quash a F.I.R.

In the case of Arnesh Kumar vs State Of Bihar, the Hon'ble Supreme Court said:

"Arrest brings humiliation, curtails freedom and cast scars forever. Law makers know it so also the police. There is a battle between the law makers and the police and it seems that police has not learnt its lesson; the lesson implicit and embodied in the Cr.PC. It has not come out of its colonial image despite six decades of independence, it is largely considered as a tool of harassment, oppression and surely not considered a friend of public. The need for caution in exercising the drastic power of arrest has been emphasized time and again by Courts but has not yielded desired result. Power to arrest greatly contributes to its arrogance so also the failure of the Magistracy to check it. Not only this, the power of arrest is one of the lucrative sources of police corruption. The attitude to arrest first and then proceed with the rest is despicable. It has become a handy tool to the police officers who lack sensitivity or act with oblique motive.The existence of the power to arrest is one thing, the justification for the exercise of it is quite another.

Apart from power to arrest, the police officers must be able to justify the reasons thereof. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent and wise for a police officer that no arrest is made without a reasonable satisfaction reached after some investigation as to the genuineness of the allegation."

https://indiankanoon.org/doc/2982624/

Agree Comment 0 Agrees about 1 year ago

You may take directions from High court to not register a FIR.

Agree Comment 0 Agrees about 1 year ago
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