Not every person is aware of his rights when it comes to being charged with false accusations. In these situations, it is advised to seek the professional advice of an experienced Criminal Lawyer In Noida or your own city, so you can have a better understanding of the legal provisions involved in your case. For the purpose of filing for Criminal Lawyer In Gurgaon, you are advised to seek legal assistance as well as guidance from an experienced advocate before filing the application.
Legal Remedies Available to deal with false FIR-
Legal proceedings in India are time taking and exhausting, people sometimes use various legal tactics to settle scores with people. This may be immoral and in various cases illegal, however it is happening. Various remedies are available against false criminal complaints filed which you could consider in these situations -
1. Remedy before arrest: Anticipatory bail
As soon as an FIR has been filed, you can file for an anticipatory bail before an arrest has been made, in either the Sessions Court or the High Court as provided under Section 438 of the Code of Criminal Code, 1973.
2. Application for quashing the False FIR
An application can be filed before the High Court under Section 482 of the CrPC, so as to seek directions to quash a false FIR against the accused.
Grounds under which an FIR can be quashed under the Section 482 of the CrPC-
A falsely implicated person can approach High Court so as to quash the false FIR filed against him, on the grounds-
· The acts or omissions based on which the said FIR has been filed do not constitute an offense
· The offense against which the said FIR has been filed, never took place.
· Baseless allegations have been made in the FIR without any reasonable ground, which could prove the offense of the accused.
When can an application be filed under Section 482 for quashing the false FIR
There are various situations, where you can file an application under Section 482 -
· Before a charge sheet is filed - An application filed under Section 482 to quash the false FIR registered against you before the charge sheet has been filed. A FIR could be quashed by the High Court when the complaint is against the principle of natural justice, hence causing a grave miscarriage of justice to the victim. The High Court can also issue certain directions or reprimand the officer in charge.
· After the charge sheet has been filed - if a charge sheet has been filed on the basis of a false report and the case is being held in the Sessions Court, a discharge application can be filed by the accused under Section 227 of the CrPC. The application can be filed so as to get discharged of the offenses charged on the basis of the false FIR. The grounds for such application are -
a. The charge sheet is filed contains no prima facie evidence against the accused with respect to the offense with which he has been charged.
b. The trial could not be commenced because of the insufficiency of the evidence against the accused.
c. The evidence is inadmissible as provided under the Indian Evidence Act.
After the commencement of the Trial -
· If an application under the Section 227 has been rejected by the Sessions Court, and the trial has commenced after framing the charges. Then, an application under Section 232 of the CrPC can be filed for the acquittal.
3. Writ petition provided under the Article 226 of the Constitution of India-
The victim, as provided under Article 226 of the constitution of India, can approach the High Court to quash the false FIR filed against him. Two kinds of writs are allowed in case a false FIR has been filed against the accused.
a. Writ of Mandamus - can be issued against the police officer or the department of the police, who filed such false FIR and the Court may direct them to perform their duty lawfully.
b. Writ of Prohibition - is issued by a subordinate court by the High Court where the trial of the accused is underway, so as to stop all the criminal proceedings against the victim.
Conclusion -
As could be inferred from the above article, various remedies have been provided by the legal system so as to ensure that a person can seek protection of law in case he has been wrongfully charged. Lead India offers you a wide pool of experienced advocates who have been successfully handling cases related to the filing of false criminal charges, in case you seek legal assistance for the same, you may contact us. For the purpose of filing for Criminal Lawyer In Ghaziabad, you are advised to seek professional assistance from an experienced advocate.,
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