First step is that you should apply for anticipatory bail, if the frivolous FIR is lodged against you, but check in FIR that with bailable offence, there should be a non - bailable offence charged against you. As anticipatory bail is granted only when there is a non-bailable offence charged against you.
Anticipatory bail is provided under Section 438 of CrPC. The person can apply for Anticipatory bail only in case of Cognizable and Non-bailable offence. If a false FIR has been lodged against a person in order to implicate him in a false case, he has the option to apply for the Anticipatory Bail under Sec 438 of CrPC. The Person can apply to the High Court or Court of Session for the grant of Anticipatory Bail. The Court will grant the Anticipatory bail taking into consideration, where the accusation has been made with the intent of causing injury or implicating a person in a false case (as it can be proved easily by you, as you are innocent).
If all the offences charged against you are bailable offence, then you cannot apply for anticipatory bail. So read the lodged frivolous FIR thoroughly. In this case then you have to surrender and then in JMFC court you have to apply for bail. As you are innocent and have no criminal antecedent, also the accusation has been made with the intent of causing injury or implicating a person in a false case. Hence in charges of only bailable offences “Bail is a right”, thus you will get the bail.
Police has to file an FIR, as their job is to file a FIR or NCR as per the type of offence (Cognizable or Non - Cognizable). Then later they investigate the matter. Hence the false and frivolous complaints will be filed as FIR.
Second step is that you can file a written complaint in your nearest police station and it will Non cognizable report.
Non-cognizable offences are the offences listed under the first schedule of the Indian Penal Code and are bailable in nature. When an offence is non-cognizable, the police has no right to arrest the accused without a warrant, as well as they are not entitled to start an investigation without prior approval of the court. Defamation is a non - cognizable offence.
In non-cognizable offence judicial process initiates by lodging a criminal complaint with the metropolitan magistrate, who then orders the concerned police station to investigate the crime accordingly, after which a charge sheet is filed with the court, which is followed by the trial. After the trial, the court will pass orders regarding the issue of a warrant to arrest the accused.
Also file a private complaint i.e. application in Judicial Magistrate First Class’s court under S. 499 and S.500 of Indian Penal Code for defamation against that woman. Once your case will be proved in court of Law as you are innocent then she will be punished. You can simultaneously file a civil suit under Law of tort for damages.
Third step is that the false and frivolous complaints can be quashed by filing an application u/s 482 of CrPC for quashing frivolous FIR.The Application can be filed by a person under Section 482 of CrPC in the High court for quashing the frivolous FIR filed against you.
Quashing of false and frivolous FIR:-
(i) Before Filing the charge sheet by the police – Where an application has been filed by a person under Sec 482 of CrPC for getting the FIR quashed, The High court can quash such false FIR to protect the innocent person by the principle of Natural justice to prevent a grave miscarriage of justice to the victim.The court also has the power to reprimand such police officer or can issue certain directions for such officer in case it is found that due to some corrupt practice false and frivolous FIR has been lodged.
(ii) After Filing charge sheet by the police – If the charge sheet has been filed on the basis of frivolous FIR, and the case is committed to session judge and before commencement of trial, the accused can file a discharge Application u/s 227 of CrPC, in order to get discharged from the offence charged with on the basis of false FIR against him on the following grounds–
That the charge sheet contains no prima facie evidence against the accused in respect of the offence with which he is charged.
The trial cannot be commenced against the accused because of insufficiency of evidence on record.
The evidence on record is inadmissible as evidence under the Indian Evidence Act.
(iii) After the Commencement of trial – If the discharge Application u/s 227 of CrPC filed by the accused has been rejected by Session court, and the charge is framed and the trial is commenced then Application under Section 232 of CrPC can only be made for the Acquittal of the Accused.
Also you can file Writ petition under Art 226 of Constitution-
You can approach the High Court for quashing such FIR by filing a writ petition under Article 226 of the Constitution. If the High Court finds that great injustice has been done to you, it can quash such false FIR. In Such a case, The High Court can issue writs of-
(i) Mandamus writ- Writ of Mandamus can be issued against a police officer who has lodged such a false FIR directing him to perform his duty in a lawful manner;
(ii) Prohibition Writ– The Writ of Prohibition can be issued to the Subordinate Court which is conducting the trial of a person which is based on false FIR lodged against such Accused, in order to Stop such criminal proceedings.
There is Punishment for a person who has lodged a false FIR against you
The person who files a false FIR against someone can be held guilty under Section 182 & Section 211 of Indian Penal Code. But it will be applicable only after the accused had applied to the High Court for quashing the false FIR lodged against him and the High Court had quashed such false FIR or if the accused is acquitted or discharged by High Court.
Further remedies-
Section 182 of the Indian Penal Code:-
There are situations where a person knowingly facilitates false information to public servants causing wrongful loss to others. Our legal system has prescribed punishment where a person maliciously furnishes false information to a public servant.
U/s 182 of Indian Penal Code, you can file a complaint with the police officer with whom such frivolous FIR has been lodged or to his Senior police officer, who is empowered file a case against such police officer who has lodged the false FIR before the Magistrate court.
Punishment for such lodging of false FIR by an individual is
- Imprisonment which may extend to six months, or
- With fine which may extend to one thousand rupees,
- or with both.
Case Law- Harbhajan Singh Bajwa vs. Senior Superintendent of Police, Patiala & Anr., it was held that:
“Whenever any information is given to the authorities and when the said authority found that the accusations made in the complaint were false, it is for that authority to initiate action under Section 182 I.P.C. The offence under Section 182 I.P.C. is punishable with imprisonment for a period of six months or with fine or with both.”
When the authorities themselves found after investigation that the accusation made by complainant in his complaint was false, it is for them to initiate proceedings immediately or within the prescribed period as provided under Section 468 of Code of Criminal Procedure.
The acceptance of the cancellation report by the Court is immaterial. It does not save the limitation under Section 468 Cr.P.C. which prescribes the period of one year for taking cognizance if the offence is punishable, with imprisonment for a term not exceeding one year.
The offence under Section 182 I.P.C. is punishable with imprisonment for a period of six months only, the authority should file the complaint under Section 182 I.P.C. within one year from the date when that authority found that the allegations made in the complaint were false.
Explanation of Sec 211 of Indian Penal Code’s - When a person with the intention of causing injury commences any false criminal proceedings or makes any false charge against any person, then the person is liable under Sec 211 of IPC.
Then, such person shall be punished with-
(a)Imprisonment which may extend to two years, or
(b)With fine, or
(c)with both; and
If such criminal proceeding has commenced on a false charge of an offence which is punishable by Death or imprisonment for life or Imprisonment for 7 years or upwards,
Then such person shall be punishable with-
(a)Imprisonment for a term which may extend to seven years, and
(b)Liable for fine.
As per Section 211 of Indian Penal Code, you can file application u/s 156(3) or a Complaint u/s 200 of CrPC before the Magistrate Court against such person (who has lodged a frivolous FIR against you).
Explanation of Section 250(2) of CrPC- Compensation for accusation without reasonable cause – If the Magistrate acquits the accused against whom the false FIR has been lodged, then he can claim for compensation u/s 250 of CrPC, against the person who has lodged such false FIR against him.
The incidences of deliberate harassment of a common man and usually the innocent person by the police by deliberately or negligently lodging frivolous FIR against the person. Then, the Accused person can file application u/s 156(3) or a Complaint u/s 200 of CrPC against such police officer for deliberately or negligently lodging frivolous FIR.
Furthermore, under Section 167, section 218, section 220 of Indian Penal Code, the police officer can be held guilty for deliberately lodging a frivolous FIR against a person, with intent to cause injury to him.
Explanation of Section 167 of Indian Penal Code – Public servant framing an incorrect document with intent to cause injury
Then such Public Servant shall be punished with-
Imprisonment which may extend to three years, or
with fine, or
with both.
Explanation of Section 218 of Indian Penal Code -When any public servant has a duty to prepare any document and he prepares that document in such a manner with the intention-
To cause injury to any person; or
To protect any person from legal punishment; or8
To save any property from forfeiture under any law
Then such Public Servant shall be punished with-
(a) Imprisonment which may extend to three years, or
(b) with fine, or
(c) with both.
Explanation of Section 220 of Indian Penal Code - Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
Then such person shall be punished with-
(a) Imprisonment which may extend to seven years, or
(b) with fine, or
(c) with both.
I hope above input will help you to decide.
All the best.
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