My Father was booked under a false case by police My Father was booked under a false case by police

My Father was booked under Code of Criminal Procedure - 7,3OFE,CACT and Code of Civil procedure - 285 OFIPC which was a false case and we are fighting in the court. But the police again adds my father to the rowdy sheeter list under 107 because of Criminal Case. Is there any law which says anyone booked under criminal case must also be booked under 107

Tanmoy Chattopadhyay

Responded 1 year ago

A.Sec 107 Crpc deals with preventive action of the police and it is aimed at those people against whom the police seeks restrain by taking bond. There is nothing in law which prevent police from booking anyone under that clause if circumstances so dictates but it is equally true that the automatic slapping of anyone with S.107 crpc just because they are booked in some other case is totally abhorrent to the concept of criminal justice system.

As suggested by my learned seniors in their reply you can always approach the concerned High Court under Section 482 Crpc and get the false FIR quashed against your father. The burden of proof will be on you.

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Anik

Responded 1 year ago

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A.Hi,
Under Section 482 CrPC, the High Court has powers to quash false cases to prevent the abuse of Court process.
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Ayantika Mondal @ Prime Legal

Responded 1 year ago

A.Hi,
False cases can be quashed by the High Court if an application is made under Section 482 CrPC.
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