Home | Legal Advice | Criminal Law | Police have lodged a false case under section 294 IPC: Is there any chance to get remedy from the High Court?

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/ 11:27:09 PM

Reading Time:

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.

Physical assault from my boyfriend

Question: Physical assault from my boyfriend. I went to the police station for an FIR but they refused to lodge. They said to approach the court and file the complaint. As I was afraid he could do the same to me, I left him and went to my place as we are living in a...

Withdraw criminal case in the absence of accused

Question: Is it possible to withdraw a criminal case in the absence of an accused? Hi Sir, My sister in law filed two cases against my brother which were 1. Warrant of Summons Criminal Case, IPC none 2. Criminal Misc. Cases, IPC. For one of them I've received court...

Search and arrest by police in a different state

Question: The police of Uttarakhand come to Uttar Pradesh, search and arrest a person under NDPS Act. Police of Uttarakhand become the complainant of the case. Can they really do so? Search and arrest by police in a different state is possible or not. Asked from:...

Can we prove our absence through the CRD?

Question: We are facing the false family matters cases at Jhansi courts. Can we prove our absence through the CRD? Can I get it from the court? Date of incidence on record is 23.06.2019 at Jhansi. But we weren't in Jhansi at that time. In Fact we were at our...

Can the court quash the FIR lodged under Section 468 IPC?

Question: Allegation made under 468 IPC. Now the parties have settled the matter. But the trial is proceeding. So can we quash the case? Can the court quash the FIR lodged under Section 468 IPC? Asked from: Uttar Pradesh Section 468 of Indian Penal Code is a non...

A guilty person can lodge an FIR

Question: I want to know if a guilty person can lodge an FIR? If I beat someone due to harassment or any other criminal activity and an FIR is lodged against me, can I still lodge an FIR against the person I have beaten for his activity? Asked from: West Bengal Guilty...

Can I lodge an FIR after ten years of incident?

Question: My boyfriend had raped me in my PG when I was studying in engineering college. Now I have joined a multinational company and am working in Bangalore. He has traced me and is now trying to establish a relationship. I am married and a mother of two childs. Can...

Whether prostitute’s customer commits offence

Question: Police is calling prostitute’s customer. The police said that it is an offence under Section 3/4/5/7 of the Immoral Traffic Prevention Act. I want to know whether prostitute’s customer commits offence if he had sex with her? Mrs X is doing some sort of...

Conviction in violation of Section 50 NDPS Act

Question: Please advise whether I have any remedy against the conviction in violation of Section 50 NDPS Act. On 2nd April 2018 Mr. Takunichi was on his way to Changlang from Itanagar travelling in a white Scorpio bearing registration No. XXXX. His friend Mr. Dikunima...

My wife has filed false FIR

Question: My wife has filed false FIR under Section 498A/406 IPC. Section 3 & D P Act, against me and my old aged ill widow mother. I am the only child and my wife and her parents are hell-bent to take divorce. She wants to remarry. Hence they told me they will...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54