What to do against the false allegation

by | Jul 10, 2019

t

Question asked on: 10/07/2019

What should I do if someone is imposing the wrong section of IPC 506 charges against me who has not been done by me.

Advised by: Mr. Shivendra Pratap Singh, Advocate

Criminal intimidation is an offence under section 506 of the Indian Penal Code (IPC). This non-cognisable and bailable offence. When criminal proceeding has initiated against you for criminal intimidation on the false ground, you have the right to challenge the legality of proceeding before the High Court.

The High Court has inherent power under section 482 of the Code of Criminal Procedure (CrPC) to quash the false criminal proceeding. In  State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 the Supreme Court held that the court should exercise its inherent power either to prevent abuse of the process of any court or otherwise to secure the ends of justice.

File false FIR or Complaint is indeed an example of abuse of the process of the court. Filing a false complaint is an offence under section 196 of the IPC. At this stage, you have to approach the High Court for protection against abuse of process. When a person files a false complaint, he abuses the process of the court [Amanullah v. State of Bihar, (2016) 6 SCC 699].

In the Bhajan Lal case, the Supreme Court held that when allegation made in FIR or complaint is so absurd, and no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused, then the court shall quash that proceeding.

You should file a petition before the High Court under section 482 of the Code of Criminal Procedure. If you have any documentary evidence to prove that the complaint is false and frivolous then it’ll be easy for the court to quash the proceeding. However, the court has the power to quash the proceeding sans any evidence. The court examines the complaint that prima facie any offence is made out of it. If the court finds that no crime is made out or the complaint is false, or allegation made with the ulterior motive to harass the petitioner, then the court shall quash the complaint.

Ask your question

Shivendra Pratap Singh

Advocate, Lucknow

Advice: 18842

Consultation: 3891

Proceeding under repealed rule is null and void

I sold a food product without the ISI mark. The food inspector raided my shop and seized that food item (Gelatine) and send it to the concerned laboratory. However, the product was pure but sold without having the ISI mark. Laboratory report proves that the sample...

Claim juvenile at any stage

Could a juvenile accused claim his juvenility at any stage of proceeding? A fact that accused was juvenile at the time of commission of offence is most important fact. This fact can be raised at any stage of criminal proceeding. Trial, appeal and revision are the...

The investigation without registration of FIR is impermissible in law

A police officer is trying to harass me in the false investigation. He says that an offence of cheating is registered against me. After that, I contacted an advocate to find the said FIR. He told me that no such FIR has lodged in the police station. The police officer...

Trial of cheque bounce case

I like to file a check bounce case in fast track court. a. Is there any specific procedure for applying a case in fast track court? b. Will I get a quick judgement than the normal court?( I have heard check bounce cases pending for 3 years in normal court) c. is it...

Cheque bounce case

Within what period of time can i expect justice for a check bounce case? (either I have to get money or action against the person who issued the check) . a. if he fails to pay, what would be the minimum and maximum legal action against that person? What would be the...

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to Advocate Shivendra

 

Book a phone consultation for 30 minutes and get solid advice on the phone

Book it Now