Implicated in a false F.I.R? Here is the way to deal with it!!

Being implicated in a false case is not something new or unheard of. Owing to personal or professional grudges, people tend to falsely implicate their rivals or even at times loved ones to settle the score by lodging a false F.I.R. A common example of it can be seen in the cases filed under 498A of the Indian Penal Code wherein women tend to file a complaint against not just their husband but the entire family of the husband with an aim of creating pressure for getting higher maintenance or alimony. Another example we can see is rape cases filed by a person against her partner after having consensual relations owing to some personal dissatisfaction at a later point in time.

?

This can be a hell of a haunting experience for an innocent person. Nothing can get as traumatising for an innocent person as being implicated in a false case. It can cost you everything including your image in society, the job that you’ve got, your inner mental peace and a huge sum of money to get yourself away from it. Visiting a police station, being sent to custody or dealing with rude and uncivilised police officers can become a regular part of your schedule in the given case. When implicated in a false case, the person so implicated must soon rush to his advocate and make sure that the following steps are taken:

?

1. Try getting a pre-arrest bail.

Whenever a person comes to know of a false F.I.R. which is filed against him, he must first approach his lawyer and request him to move an application for anticipatory bail before the lower court or the High Court under Section- 438 of the Code of Criminal Procedure. Anticipatory bail or pre-arrest bail as the name itself suggests is filed when the person is apprehending an arrest order against him.

?

Anticipatory bail application can be moved before the court before or after the filing of an F.I.R. So even if a person apprehends filing of a criminal complaint against him sooner or later, he can very well move the application even before the F.I.R. is filed.

2. Application for Quashing of F.I.R.

Pre-arrest bail or anticipatory bail happens to be the first step after the filing of F.I.R. It prevents the arrest of the accused and helps him prevent his liberty while trying to get away with the F.I.R. However, it is only a temporary solution and the permanent is getting F.I.R. quashed.

To get an F.I.R. quashed means to get it dismissed or declared as invalid. An application under Section 482 of the Code of Criminal Procedure can be filed before the Hon’ble High Court to get the F.I.R. quashed. It is important to note that only High Courts and not the lower courts have jurisdiction to quash the F.I.R. Another parallel remedy that can be availed by approaching the High Court is filing a Writ Petition under Article 226 of the Indian Constitution for issuing the Writ of Mandamus or Writ of Prohibition.

This remedy can largely be availed before the charge sheet is filed by investigation agencies on the following grounds: -

1. If the act against which the F.I.R. is filed does not constitute an offence.

2. The offence for which F.I.R. is filed has not been committed.

3. The F.I.R. consist of only baseless allegations and has no reasonable ground for proving the same.

(A detailed article on grounds for quashing of F.I.R. will be uploaded soon.)

?

3. Filling of Discharge Application

An application for discharge can be filled under Section- 227 of the Code of Criminal Procedure once the charge sheet is filled or the charges are framed. Once such charges are framed or the charge sheet has been filled, an adequate opportunity of being heard needs to be given by the session court of being heard to the prosecution. After being heard if the court still thinks that the allegations are baseless and do not constitute any offence or there is no sufficient ground to prove the allegations levied, the court can pass an order for the discharge of the accused.

?

Still confused about getting away with an F.I.R.?? Feel free to get in touch and contact me on the details given below to get some free help and advice.

?

Article by-

?Utkarsh Madaan

B.A.LL.B.

[email protected]

741-9999-891