You can go for quashing of the fir in HC if same is on false allegations
False FIR from contractor and that too on incorrect name
1.I had a plot on name of my elder brother and mother and me and middle brother hired a contractor for the construction of house on that plot and contractor took around 40% amount cash and 60% we gave in the bank account from my own account not plot owners account and no formal contract made by contractor despite reminders 2.After completing the 60% of the construction he left the construction site with all his workers and never came back and upon calling he gave life threats and didnt come back after that i took work in my hand and hired workers from local mandi and completed the house work 3.After the house work completed he came to house and started asking for money and threatned me but i refused and went to the police station with the application against him but police refused to take that application and later after 4 days police came to my house with contractor and his lawyer and said that he has constructed my house and i have not paid him the remaining money. 4.Which i refused then immedietely on the same day i filed section 156(3) in the court and court ordered to write my FIR against him but in the mean time police wrote contractor FIR first against me and my brother under section 406,504,506 in the night at 10PM and name mentioned on the FIR was wrong 5. Then After the court order Police even wrote my FIR against contractor under section 406,452,504,506 but Investagating officer always forced to compromise and give him money and took the side of the contractor 6.He even made me sign on the notice of section 41a where as FIR was written on wrong name which he denied saying that is my alias and people call me by that name which is not true and recently he submitted Report in the court on the FIR Written against me and i have received summon from court for hearing and Investagating officer didnt took any action or did investigation on my FIR against contractor ordered by court 7.In the mean time i approached high court for QUASING of that FIR written against me and filed the CRIMINMAL MISC WRIT PETITION and after first hearing court passed a order where court stayed any arrest on that FIR but from last three month only one status is displayed on the website that "LISTING AFTER FIXED PERIOD" and my lawyer is not telling me anything that what is happening My Question is 1.What can be best done under this circumstances because there was no formal contract was done and he took 40% amount in cash which he is denying 2.Since this FIR is written on wrong name does high court have the right to quash the FIR 3.In FIR against me report submitted by police in the lower court i can see there are multiple fake statments is given to police by their labours but half of them never worked on my site and some work for few weeks and no mutual witness statement has been submitted and i have all the pictures when he left the work,call recording where he said he will not work 4.What legal conquences can happen in this case
Asked 2 years ago in Criminal Law
Religion: Hindu
9 Answers
You have filed an fir against him in which mo investigation is being done by the police due to the contractors contacts and money. Now you should file an application in the fir and case which you have registered before the magistrate so that the investigation may be expedited by the police.
As far as your case in high court is concerned you may contact me in case you are interested and the details of the case and ordered passed can be found out.
A consumer complaint may also be filed against him for taking money and doing substandard work and doing only 60% of the work.
1. You can file a petition for quashing of FIR stating that the same has been deliberately filed in wrong name. This is a civil matter and high chance that HC will interfere and give you relief.
Further advise can be given after seeing the content of the FIR.
let me know if I can be of some help. We regularly appear before Allahabad HC.
regards
1. Since the matter has been filed before court on both the sides, you have no option than to challenge the case in trial on merits and documentary evidences in your support if you have any.
2. If it was written on wrong name then where is the question of you filing a quash petition, instead you could have filed a petition agaisnt the police to direct them to not to harass you in the name of a FIR on a wrong person's name.
3. This is a matter of trial you may have to take care of such things in the trial proceedings only.
4. You file a discharge petition after the charge sheet is filed against you if the quash petition is dismissed by high court.
You have to prove by testimony of witnesses that 40 per cent was paid to contractor
2)you will have to face trail and cross examine the witnesses
3) lead evidence that contractor left work unfinished
4) quashing is done only in exceptional circumstances
Based On the answers i have few questions 1.Does Police have the right to arrest me without warrant or warrant can be issued without listening me in court? 2.Contractor Is changing his statement infront of police multiple times 3.No ID proof has been submitted in final chargesheet of witness or contractor are those statement valid? 4. In the chargesheet my name and date of year is mentioned wrong and under "WHETHER VERIFIED COLUMN" Investigating officer has written YES
Asked 2 years ago
1) poluce has to issue you notice under section 41 A of cr pc to record your statement
2) you cannot be arrested by police arbitrarily
3) if contractor has changed his statement it would weaken his case
4) it does appear charge sheet has been filed without proper investigation
1. If the police has registered a FIR against you then it becomes your duty to apply for anticipatory bail because the police can make an arrest on the basis of the FIR.
2. It is a matter of trial, you must wait for the final report to be submitted by police before court.
3. The above answer suits this question too.
4. You can cross examine the IO and extract the contradictions in your favor which will help you to get acquitted.
1. Yes
You can go ahead and file a petition for quashing of the FIR at the earliest
Police can arrest a person without a warrant if they have reasonable grounds to believe that the person has committed a cognizable offense. However, the law requires the police to inform the person of the reasons for arrest and produce them before a magistrate within 24 hours. Warrant can be issued by a court after due hearing and examination of evidence.
If the contractor is changing his statement multiple times in front of the police, it could weaken his credibility as a witness in court. However, the court will ultimately decide the weightage to be given to his testimony based on the evidence and circumstances of the case.
If the witnesses and contractor did not submit any ID proof, their statements may not carry much weight in court. However, the court will consider all the evidence presented before it and evaluate its credibility and relevance.
If your name and date of birth are mentioned incorrectly in the chargesheet, you can request the court to correct the mistake. The 'whether verified' column indicates whether the information in the chargesheet has been verified by the investigating officer. If he has written 'yes', it means that he has verified the information to the best of his knowledge.
In terms of what can be done under these circumstances, it is advisable to continue pursuing the quashing of the FIR and presenting all the evidence in court to support your case. It may also be helpful to seek legal advice from a lawyer who can guide you through the legal process and protect your rights.
