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Police have lodged a false case under section 294 IPC: Is there any chance to get remedy from the High Court?

Shivendra Pratap Singh

Advocate

14/01/2022

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Question: Police have lodged a false case under section 294 IPC, is there any chance to get remedy from the High Court?

Facts in brief: In this alleged complaint the complainant is the police itself. No eye witness was there. Neither investigation officer has investigate any independent witness. Moreover, the incident took place at 11:45 AM and a complaint was registered at 13:16 PM. But in a written statement in front of the magistrate IO has said the incident took place at night.

Sir, the complainant has mentioned in the complaint that I along with my friends were standing behind the auto and singing a song, but in the complaint they didn’t mention the auto no. Neither during the investigation IO has mentioned anything nor have they taken any statement from the auto driver. If I challenge this complaint in an honourable High court, is there any chance I get some relief?

Question from: Uttar Pradesh

Advise: The timing and place of the incident are vital facts in your case. It is mandatory for the police officer to prove that the indecent or obscene act was committed in the public place. Therefore, the statements of the auto rickshaw puller and eye witness become vital to establish this case. 

When police has lodged the false case

You should approach the High Court for quashing if the police has lodged the false case. Falsity alone may be a ground for quashing this false case. In absence of those statements, the complainant cannot prove that you have committed such an offence. Moreover, there is a contradiction regarding the timing of the incident. The complaint shows that the offence was committed in broad daylight. But the complainant’s statement before the magistrate shows that it happened at night.

This type of contradiction will harm the prosecution case and infers that no such incident has happened. Therefore, the High Court, in the interest of justice, can intervene and quash the entire proceeding. 

Quashing of false criminal case

You should approach the High Court to quash the instant criminal proceeding. The Supreme Court has held in the State of Haryana vs Bhajan Lal [1992 Supp (1) SCC 335] that the court may quash the false and frivolous criminal proceeding:

Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

The contradictory statement of the complainant, his failure to identify the auto rickshaw puller and to record the statement of eyewitness constitute that no offence has been made out against you under Section 294 IPC. 

Statements of eye witnesses are mandatory to prove that the offence was committed at a public place. If no eyewitness is present, it proves that no one has heard the obscene song. Hence, you can prove from the records of this case that no offence under section 294 IPC has been made out against you.

If you approach the High Court, you’ll get appropriate relief. This case is false and frivolous. If you have evidence to prove the motive of the complainant behind bringing such a case, then you will definitely get relief. The high court may quash this criminal proceeding.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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