you should wait for police investigations to be completed and charge sheet filed
2) then based on legal advice file for quashing in HC or discharge before trial court
What is the punishment for false statement to police
I was working with a software developer who developed a cricket betting software. He hosted that software in different domains owned by different people. One Avdesh Pratap Singh of MP was such a User of such a betting site( betellerexch.com) who paid some 60K around in my account within 2 months as a rent for usage of one of those domains. But, as he was a bad paymaster, I refused to rent him any such site and deactivated his I'd in November 2018. But, On May 3rd 2019 he got arrested by AP Police for indirectly cheating a sum of Rs. 6000 to a Punter(Complainant). Here the Complaint was The Complainant is a truck driver by profession and to earn some extra money he got involved in cricket betting and deposited total 35K in one Pashupleti Nagarjuna's account who is a resident of AP. But, one fine day he discovered that Nagarjuna has blocked his whatsapp no and calling no and The Complainant was due to get Rs. 6000 from Nagarjuna. So he lodged a complaint against Nagarjuna. When Nagarjuna got arrested by AP Police he told that he got the user id and password to run the panel from Avdesh Pratap Singh. Then Avdesh got arrested and he took my name that I had developed that software or website on which the complaint was lodged( newlotusbook.com, dreamexch.com). But , it was a false statement. He took revenge on me as I refused him to use our domain or software way back 6 months ago. And from that I had no financial transactions or digital communications or phone conversations with him. But, Police arrested me. I got bail after 26 days. Police had seized my laptops, mobile phones and one bank account. Now, My question is that in the FIR the sites which are mentioned have not been either developed by my partner or by me and we have no connections with these people and sites when the complaint was lodged. Then, how I should fight this case and WIN? The sections are 420,120B, IT Act and AP Gaming Act. Please Help Me Sir.
Asked 4 years ago in Criminal Law
Religion: Hindu
17 Answers
Dear Sir,
Giving false statement under section 161 or 164 Cr.P.C. is punishable under section 193 IPC and the punishment under this section provided that “Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine,
and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.”
And if someone making false statements in matter in which the accused person can be convicted in capital punishment then the provision of section 194 shall be applied which provides
“Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital 1[by the law for the time being in force in 2[India]] shall be punished with 3[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine;
if innocent person be thereby convicted and executed. and if an innocent person be convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.”
It amounts to filing false complaint punishable up to 7 years under 182//211 ipc
Hello,
Hire a senior criminal lawyer and move before the high court for quashing of FIR under section 482.
Regards
See firstly the burden of proof is on prosecution, secondly statement of any accused cannot be sole basis to convict other accused. The police or the investigation authority have to provide proofs behind reasonable doubt that you were involved in all these transactions. You can engage a good Trial Advocate for trail procedure and you can contest the matter below.
- Since, the said complainant has taken revenge after taking your name , hence you should lodge your complaint with the police and higher official after mentioning the facts in details.
- If no response from the police official , then you should file an application under section 156(3) before the magisterial Court of the area , here this FIR was lodged , for an investigation /inquiry , and further should prayed there for lodging an FIR against that person as well.
- If you will take legal action against the complainant in the said FIR , then there is chances of compromised with you , and further can help in quashing your name from the FIR .
- Further for canceling your name from the FIR lodged, you should file a petition under section 482 CrPc before the Kolkata High court .
1. If you say that statement given by him to police is false then it has to be proved at trial that it is false. Unless it is proved that it is false no case can be filed against him.
2. Prosecution has to prove its case against you. During cross examination you will get the opportunity to unravel the truth.
if you have sufficient prove you can approach High Court to intervene. All depends upon the case..
You may have to defend your interests i=on the basis of the documentary evidences supporting your defence.
You should procure all the evidences to mention that you were not involved in such crimes and the referred websites were never owned or operated by you.
These are technical issues which can be established during cross examination of the prosecution witnesses.
You discuss with your advocate and prepare the strategies to defend yourself in the trial proceedings.
If you can establish that the said person has lied befor police then you can initiate proper legal action against him after it is established that he lied befor police or court.
Under the Criminal Code, there are other competent crimes that one could be charged with if said person files a false police report with the police.
One could get charged with perjury under section 131 of the Code.
A conviction on a charge of perjury could lead to imprisonment for a maximum of fourteen years.
1. You should just try to prove that the site in question was not developed by you.
2. There is no punishment for giving false statement before police. But if someone give false statement before court then only they can be convicted.
Hi,
You are suggested to prepare your defence and win the case with due contesting.
As both my mobile phones got seized during the raid conducted by the AP Police on that very date when I got arrested... All my evidences are there in my whatsapp that I denied to continue any connection (by phone or by financial) with the convicted accuser 6 months before the crime committed. And, the Police officer who seized my gold chain and bracelet never mentioned it anywhere and neither handed over to my relatives. How can I retrieve the data of my whatsapp so that I can show the evidences before the court and I can get back my ornaments.
Asked 4 years ago
complain to police commissioner against IO who seized your gold chain and bracelet
See since the phone is with police they shall investigate same so during course of trial you can cross examine them on same and in your examination in chief produce the evidence from the mudamaal.
Also for the gold chain and bracelet you can complaint before higher official against the police officer.
You cannot retrieve the whatsapp data by any means other than by approaching the service provider.
The service provider will not oblige to furnish the data.
You may have to procure the same through court that too by filing an application for the same during the trial proceedings of the case.
You need to prove the same in trial and he will attract the above punishment. But you can only file the said case once you are acquitted from the false case
Move an application before the concerned court regarding your concern. The court upon calling the status report from the concerned Investigating Officer, and subject to appropriate conditions will definately return the same to its lawful owner.
You have to file an application in the court to direct investigating officer to preserve the whatsapp data.