• False fir lodged and name removed in chargesheet by io, inestigating police

Good morning sir in the year 2018 after The dissolution of our marriage my ex wife and my in laws , had filed a false case ,false fir in FIR in the local police stating that I as well as my parents and brother had troubled her in the Promises of the court when we had come to summons , at that time myself and my colleague were both present. The FIR was lodged in 2018 and after 3 years the charge sheet was filed and presented into the court now the trial is running in the district court. The IO investigating officer from police dept has removed my father name stating that he is not involved. Now kindly guide me as to what type of cases can be filed against them as well as against the so called false witnesses as sort of retaliation for involving innocent person and naming as an accused and filing and FIR . The cases filed against them are ipc section 341,506,109,34 of IPC . neither of my family members have done anything , still as a part of vengeance and using muscle power and political power my ex father in law had filed this FIR. My father is relieved from the chargesheet .

1.Kindly guide me as to what type of cases can be filed against them by my father.
2. Is it necessary to move high court for removal of name from FIR as police IO had themselves removed from chargesheet, any separate move needed before filing any case.
3. What type of cases, i mean criminal cases can be filed by my father towards my in laws and my wife for troubling my family. Kindly guide me..
thanks and regards
Asked 2 years ago in Criminal Law
Religion: Muslim

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10 Answers

1. Since your fathers name is dropped , then he can file a criminal defamation case against her on the ground of maligning his reputation  in the society , and further he can also claim defamation amount after filing a civil defamation suit as well. 

- Further , if he is a senior citizen then he can also file a compliant against her under the provision of Senior citizens Act as well before the high police officials. 

- Further , your mother can also file a compliant against her daughter-in-law for the harassment under the provision of DV Act. 

2. If the police has already dropped the name of your parents before filing the charge sheet then no need to approach the High court.

3. Reply No.1

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

File case of criminal defamation against them under section 500 of IPC 

 

2) no heed to file case on HC 

 

3) act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
97592 Answers
7898 Consultations

1. If there was no case at all against your father and it was just a complaint in general against all, it is the IO who had exempted your father from this case after having investigated the case properly, but the court has not passed any order dismissing the complaint against your father alone then there is no question of your father filing any case for defamation or any other case against them. 

2. By IO removing your father's name in the charge sheet, will not mean that the name will be automatically removed fro the FIR also, if she is filling another application before the court objecting to the removal by IO and if the court is satisfied with the averments mentioned in her petition, then your father will also be tried along with the other accused in this case.

3. The IO in charge sheet can remove the name of other accused  your father may file quashing petition before high court. The copy of the charge sheet may be a document to be produced before high court to get his name quashed from the case or he can file a separate petition for discharging him from the case on the basis of this removal of his name.

However the defamation case in this regard may not be maintainable.

T Kalaiselvan
Advocate, Vellore
87794 Answers
2364 Consultations

Dear client I am sorry to hear that but in this case you can file for harassment, torture against the party. 

Anik Miu
Advocate, Bangalore
10413 Answers
121 Consultations

Since false allegations have been made by daughter in law in complaint filed by her your father can file case of criminal defamation against her 

 

2) Section 468 of the Code provides a three-year time limit for filing such complaint.

 

3) 

in the case of Surinder Mohan Vikal vs. Ascharaj Lal Chopra, where it was held that the limitation period shall begin from the date when the opposite party had filed the complaint/case against the complainant and not when he gets acquitted.

 

3) a complaint under Section 500 IPC for defamation will be barred if filed three years after the commission of the offence

Ajay Sethi
Advocate, Mumbai
97592 Answers
7898 Consultations

Just because the IO has removed the name of the father in law  from the charge sheet, it cannot be ruled that the said accused has been absolved or discharge from the case.  

The court has not dismissed the case against him as false, therefore it cannot be said that she has filed the case with false allegations against the father in law also, therefore until he is not proved innocent by a verdict of court, the proposed defamation case to be filed by him may not be maintainable.

Besides the FIR is reported to have been lodged in the year 2018, i.e., almost more than 4 years, hence the proposed crimninal defamation case is bred by limitation at this stage.

Therefore instead of wasting your time, energy and money over non maintainable defamation case, you may better get him out of the case by either filing a discharge petition before the trial court or a quash petition before high court to quash the case against him alone. . 

Do not be under any misguidance, because the rumour mongers around you may mislead you with plenty of false information for the reasons known only to them due to which you will be suffering more stress and new court case pressures.  . 

T Kalaiselvan
Advocate, Vellore
87794 Answers
2364 Consultations

- Yes, the limitation period to file the defamation suit is 3 years from the date of cause of action. 

- Since, the police has removed his name in 2019 then the limitation will ended in the year 2022.

- However, you can take ground that due to falsely implication in the case , he got massive heart attack in 2022 ,and due to the said reasons the case is filing lately . 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

Dear client I am sorry to hear that but in this case you can file for harassment, torture against the party

Anik Miu
Advocate, Bangalore
10413 Answers
121 Consultations

  1. File a criminal complaint in the court of Sessions. Complaint has to be filed in court of Sessions as offence is non-cognizable and triable by Sessions’ Judge.
  2. File a civil suit seeking damages and compensation.
  3. Named accused can also file above cases but only after obtaining acquittal.
  4. Removal of name from charge sheet is final, nothing is need to be done.

Ravi Shinde
Advocate, Hyderabad
4473 Answers
42 Consultations

After finishing of that case you can file the same.

Prashant Nayak
Advocate, Mumbai
32914 Answers
209 Consultations

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