Earlier I have written on this blog about, "Business of Filing False Civil and Criminal complaint," " How Police can send innocent person to jail by misusing its power", "What to do if police refuses to register an FIR on your complaint.
This post is about what you can possibly do, if a False FIR or Complaint is actually filed against you.
Google is the best source from where you can get all information about this issue.. Law books are also there. There are many experienced and good lawyers who can give you right advice on this issue.
So far this Article is considered, it is based on my own observations and experiences at Bar since last 30 years.
WHY YOU SHOULD NOT GO BY WHATEVER IS STATED HERE.
1) Whenever I have tried to fight a false case, civil or criminal, I have failed.
The person who filed false complaint or false suit against my client has succeeded in extorting money from my client.
So, in fact I advise my clients to pay Devil its Due and be done away it with it instead of wrangling in the present system were a handful of judges are asked to decide Three Crore pending cases.
Be that as it may be,
Let us first examine,
WHY ANYONE WILL FILE A FALSE FIR or COMPLAINT AGAINST YOU?
Here are some answers:
1)
You may have strained relations with wife. Wife may have left you. She has filed false complaints of torture, dowry demands, cruelty. Not only against you, but also against your family and also against your relative living abroad!
She may have three purpose for filing false case against you ,
(1) To teach a lesson to you and to your family
(2) To ask for some money (30% of which may be payable for lawyers fees)
(3) To bow down your male ego to her feet and to make you agree to her terms, including term to remove your mother from your house.
2)
Or, you may have given some blank cheques, not to obtain loan on basis of checks, but as a security for loan proposed to be given.
After some time you are unable to pay some dues. The creditor fills up blank check with Double amount of what was actually due.
Check is dishonored. The files criminal case under NI Act.
This is a false because:
(1) As per my view, NI Act is not applicable to cheques given before a loan is given.
On the date you issued cheque, there were no dues. The loan was given five days later. You became debtor only after five days. On the date of issuing cheque, there were no dues against you.Therefore this a false case under NI Act.(According to my understanding. The issue is not yet properly debated in courts)
(2)Second, The creditor has filled up double the due amount. Therefore, it is a false case.
3) Or take third example, Your blank check or check book is stolen.
Or you have so many bank accounts and so many idle check books, that some one has stolen a signed check, but you never knew.
He sells away this blank signed check in underground market. The person who purchases blank check, fills up amount of Rs.1 Crore in check. Check is dishonoured. He files a criminal case under N.I. Case. This is false case. You never knew this person who has filed complain against you.
4) You are in a village. Some group enters with arms in your field. You kill one of them in self defense.
Before you go to police station to report this incident, other side goes first and an FIR is lodged against you, your father, your brother studying in town and your uncle living in other village. The FIR says that all of you went to the house of the deceased and all of you killed him. This is false case.
There can be many examples of false cases. But these examples are enough for present discussion.
FIRST THING: TAKE CARE OF YOUR IMMEDIATE REACTIONS
As soon as you will hear that some one has filed a false case against you, your emotions will heat up.
If its is false case under 498A filed against all your family members, your whole family will start burning with a desire to take revenge.
If it is a criminal case, and if you find that your 80 Year old father who had done nothing, is also roped in FIR as an accused, it is natural that you will be fired up.
Your emotions will be running havoc in your mind.
In my view, all decisions taken when mind is upset, are bound to be wrong.You need to give rest to your brain first.
So the first advice is, just cool down for a couple of days. Sky is not going to fall on you or your family members. Because God is holding up sky with very tight ropes. If sky is not going to fall on you, then what is there to be worried about?
And one choice is always with you. Fight with panic and anger or Fight coolly. Try to choose later option if you can.
THEN TAKE PROFESSIONAL ADVICE
I said early in this article that I have always lost battles while fighting against false cases. There are many good advocates who have specialized in criminal law. They are the right persons to give you an advice.
THE PROBLEMS WITH WHICH YOU MAY HAVE TO FACE
Whatever good advice you may have taken, you will face problems in two areas:
A) How to establish that The Case is False
B) What procedures are to be adopted for dealing with a False case.
LAW IS AN ART, NOT A SCIENCE
Your case may be same. But advice can differ from one advocate to other advocate. Each advocate gives advice which may have worked for him in past in such cases.
He has also to judge practical aspects and logistic aspects involved.
He has to decide 1/ What is best for you and 2/ What is possible.
POINT A: DIFFICULTY IN ESTABLISHING THAT A CASE IS FALSE CASE.
Let us take an example.
1. I have lodged an FIR against you, making certain allegations against you. Allegations mentioned in FIR are such that Police is authorized to arrest you any time.
The first thing you will tell your lawyer is like this, "I do not know this Haresh Raichura. I once or twice read his blog and once or twice mentioned on twitter to him."
The moment you say this, you have walked in a trap. Because the FIR says that 'You used to read and appreciate my blog and used to mention on tweet to me. After thus winning my trust, you on Date_____
asked a loan for Rs.1,00,000/- from me......... and the story will go on on...
The point I wish to make is this:
Every False Case and Every false FIR will contain few true facts and few false facts.
When read together, they will make out a case triable against you.
Triable Case means a case in which without a trial, judge cannot say whether it is a false case or a true case.
If it is Triable False Case, you have to go through trial. Only at the end of trial, may be after 5 Years, the judge will be able to say that it was a false case.
POINT B: WHICH AUTHORITIES ARE GIVEN POWERS TO SET ASIDE SUCH
FALSE CASE AND FALSE FIRs?
High Courts and Supreme Courts are given special powers to set aside false cases.In certain cases trial courts can also recall their earlier orders and can free you.
WHEN THEY WILL SET ASIDE A CASE AS A FALSE CASE?
Let me give you a real example.
While I was in middle of writing this Article, a client came from Ahmedabad.. I stopped writing and attended him.
His story was like this. He influenced his friend in such a way that his friend broke up engagement with sister of a Press Reporter. The Press Reporter got very very angry with my client.
Press Reporter lodged an FIR against my client alleging that my client and him had entered into an agreement of sale of certain land for Rs.47 Crores against which he has already paid !5 Lakh to my client. Now he has learned that my client had no authority sell this land and he has committed cheating.
My client went to High Court crying that this is a false FIR.
Initially High Court stayed FIR.
Then press reporter told High Court in his reply, that my client is habitually cheater.
There are 21 Cases of Car theft already registered against him. He gave list of such cases.
High Court found that FIR against my clients needs to be investigated by police.
High Court dismissed case of my client.
Now he has come to Supreme Court to see if Supreme Court grants him any relief.
WHEN A SUPERIOR COURT WILL SET ASIDE A FALSE FIR OR CASE.
As I said earlier, every false FIR or False Case is made up of few true things and few false things.
Then there are always One or Two Key Facts.
Key Facts are such facts, that if they are proved, case goes in favour of one party. If these Key Facts are not proved, case goes in favour of other party.
If you can satisfy Court that there are one or two Key Facts, which convinces the court that, the case / FIR is undoubtedly false, they will set aside such case and you will not have to contest the trial.
In case which examined, I found Following Key Facts.
1) In January, 2010, he gave same complaint to same PSI. The PSI inquired and found the complaint was baseless. There were no documents in support of complaint. PSI just filed his complaint without even registering any FIR.
2) In September, 2010, Press Reporter met DCP and DCP asked PSI to register a FIR against my client.
PSI called the Press Reported, obtained another copy of same complaint from Press Reporter and registered it in Septmber 2010.
3) A comparison of Complaint of Jan. 2010 and Sept.10, showed that they were verbatim same.
And there were no verifiable reference or copy of any documents mentioned in FIR.
4) This is enough to show to Supreme Court that there is abuse of process of law and FIR need to be quashed.
Other allegations of thefts of car don't matter. Because Supreme Court does not have to decide which party is right or wrong.
It has only to see whether PSI has abused his powers in registering FIR.
So far as Criminal Powers of registering FIR are concerned, they are not to be used for deciding other disputes of parties. Here the abuse appears to be clear on face of record.
CONCLUSION
I think you have become tired reading this, I have also become tired. So let us stop here.
HARESH RAICHURA
This post is about what you can possibly do, if a False FIR or Complaint is actually filed against you.
Google is the best source from where you can get all information about this issue.. Law books are also there. There are many experienced and good lawyers who can give you right advice on this issue.
So far this Article is considered, it is based on my own observations and experiences at Bar since last 30 years.
WHY YOU SHOULD NOT GO BY WHATEVER IS STATED HERE.
1) Whenever I have tried to fight a false case, civil or criminal, I have failed.
The person who filed false complaint or false suit against my client has succeeded in extorting money from my client.
So, in fact I advise my clients to pay Devil its Due and be done away it with it instead of wrangling in the present system were a handful of judges are asked to decide Three Crore pending cases.
Be that as it may be,
Let us first examine,
WHY ANYONE WILL FILE A FALSE FIR or COMPLAINT AGAINST YOU?
Here are some answers:
1)
You may have strained relations with wife. Wife may have left you. She has filed false complaints of torture, dowry demands, cruelty. Not only against you, but also against your family and also against your relative living abroad!
She may have three purpose for filing false case against you ,
(1) To teach a lesson to you and to your family
(2) To ask for some money (30% of which may be payable for lawyers fees)
(3) To bow down your male ego to her feet and to make you agree to her terms, including term to remove your mother from your house.
2)
Or, you may have given some blank cheques, not to obtain loan on basis of checks, but as a security for loan proposed to be given.
After some time you are unable to pay some dues. The creditor fills up blank check with Double amount of what was actually due.
Check is dishonored. The files criminal case under NI Act.
This is a false because:
(1) As per my view, NI Act is not applicable to cheques given before a loan is given.
On the date you issued cheque, there were no dues. The loan was given five days later. You became debtor only after five days. On the date of issuing cheque, there were no dues against you.Therefore this a false case under NI Act.(According to my understanding. The issue is not yet properly debated in courts)
(2)Second, The creditor has filled up double the due amount. Therefore, it is a false case.
3) Or take third example, Your blank check or check book is stolen.
Or you have so many bank accounts and so many idle check books, that some one has stolen a signed check, but you never knew.
He sells away this blank signed check in underground market. The person who purchases blank check, fills up amount of Rs.1 Crore in check. Check is dishonoured. He files a criminal case under N.I. Case. This is false case. You never knew this person who has filed complain against you.
4) You are in a village. Some group enters with arms in your field. You kill one of them in self defense.
Before you go to police station to report this incident, other side goes first and an FIR is lodged against you, your father, your brother studying in town and your uncle living in other village. The FIR says that all of you went to the house of the deceased and all of you killed him. This is false case.
There can be many examples of false cases. But these examples are enough for present discussion.
FIRST THING: TAKE CARE OF YOUR IMMEDIATE REACTIONS
As soon as you will hear that some one has filed a false case against you, your emotions will heat up.
If its is false case under 498A filed against all your family members, your whole family will start burning with a desire to take revenge.
If it is a criminal case, and if you find that your 80 Year old father who had done nothing, is also roped in FIR as an accused, it is natural that you will be fired up.
Your emotions will be running havoc in your mind.
In my view, all decisions taken when mind is upset, are bound to be wrong.You need to give rest to your brain first.
So the first advice is, just cool down for a couple of days. Sky is not going to fall on you or your family members. Because God is holding up sky with very tight ropes. If sky is not going to fall on you, then what is there to be worried about?
And one choice is always with you. Fight with panic and anger or Fight coolly. Try to choose later option if you can.
THEN TAKE PROFESSIONAL ADVICE
I said early in this article that I have always lost battles while fighting against false cases. There are many good advocates who have specialized in criminal law. They are the right persons to give you an advice.
THE PROBLEMS WITH WHICH YOU MAY HAVE TO FACE
Whatever good advice you may have taken, you will face problems in two areas:
A) How to establish that The Case is False
B) What procedures are to be adopted for dealing with a False case.
LAW IS AN ART, NOT A SCIENCE
Your case may be same. But advice can differ from one advocate to other advocate. Each advocate gives advice which may have worked for him in past in such cases.
He has also to judge practical aspects and logistic aspects involved.
He has to decide 1/ What is best for you and 2/ What is possible.
POINT A: DIFFICULTY IN ESTABLISHING THAT A CASE IS FALSE CASE.
Let us take an example.
1. I have lodged an FIR against you, making certain allegations against you. Allegations mentioned in FIR are such that Police is authorized to arrest you any time.
The first thing you will tell your lawyer is like this, "I do not know this Haresh Raichura. I once or twice read his blog and once or twice mentioned on twitter to him."
The moment you say this, you have walked in a trap. Because the FIR says that 'You used to read and appreciate my blog and used to mention on tweet to me. After thus winning my trust, you on Date_____
asked a loan for Rs.1,00,000/- from me......... and the story will go on on...
The point I wish to make is this:
Every False Case and Every false FIR will contain few true facts and few false facts.
When read together, they will make out a case triable against you.
Triable Case means a case in which without a trial, judge cannot say whether it is a false case or a true case.
If it is Triable False Case, you have to go through trial. Only at the end of trial, may be after 5 Years, the judge will be able to say that it was a false case.
POINT B: WHICH AUTHORITIES ARE GIVEN POWERS TO SET ASIDE SUCH
FALSE CASE AND FALSE FIRs?
High Courts and Supreme Courts are given special powers to set aside false cases.In certain cases trial courts can also recall their earlier orders and can free you.
WHEN THEY WILL SET ASIDE A CASE AS A FALSE CASE?
Let me give you a real example.
While I was in middle of writing this Article, a client came from Ahmedabad.. I stopped writing and attended him.
His story was like this. He influenced his friend in such a way that his friend broke up engagement with sister of a Press Reporter. The Press Reporter got very very angry with my client.
Press Reporter lodged an FIR against my client alleging that my client and him had entered into an agreement of sale of certain land for Rs.47 Crores against which he has already paid !5 Lakh to my client. Now he has learned that my client had no authority sell this land and he has committed cheating.
My client went to High Court crying that this is a false FIR.
Initially High Court stayed FIR.
Then press reporter told High Court in his reply, that my client is habitually cheater.
There are 21 Cases of Car theft already registered against him. He gave list of such cases.
High Court found that FIR against my clients needs to be investigated by police.
High Court dismissed case of my client.
Now he has come to Supreme Court to see if Supreme Court grants him any relief.
WHEN A SUPERIOR COURT WILL SET ASIDE A FALSE FIR OR CASE.
As I said earlier, every false FIR or False Case is made up of few true things and few false things.
Then there are always One or Two Key Facts.
Key Facts are such facts, that if they are proved, case goes in favour of one party. If these Key Facts are not proved, case goes in favour of other party.
If you can satisfy Court that there are one or two Key Facts, which convinces the court that, the case / FIR is undoubtedly false, they will set aside such case and you will not have to contest the trial.
In case which examined, I found Following Key Facts.
1) In January, 2010, he gave same complaint to same PSI. The PSI inquired and found the complaint was baseless. There were no documents in support of complaint. PSI just filed his complaint without even registering any FIR.
2) In September, 2010, Press Reporter met DCP and DCP asked PSI to register a FIR against my client.
PSI called the Press Reported, obtained another copy of same complaint from Press Reporter and registered it in Septmber 2010.
3) A comparison of Complaint of Jan. 2010 and Sept.10, showed that they were verbatim same.
And there were no verifiable reference or copy of any documents mentioned in FIR.
4) This is enough to show to Supreme Court that there is abuse of process of law and FIR need to be quashed.
Other allegations of thefts of car don't matter. Because Supreme Court does not have to decide which party is right or wrong.
It has only to see whether PSI has abused his powers in registering FIR.
So far as Criminal Powers of registering FIR are concerned, they are not to be used for deciding other disputes of parties. Here the abuse appears to be clear on face of record.
CONCLUSION
I think you have become tired reading this, I have also become tired. So let us stop here.
HARESH RAICHURA