My Father was booked under a false case by police
3 years ago
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 3 years 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.
#Criminal #freeLegalAdviceOnCriminal
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.
#Criminal #freeLegalAdviceOnCriminal
Helpful
Helpful
Share
A.Hi,
Under Section 482 CrPC, the High Court has powers to quash false cases to prevent the abuse of Court process.
if you found this helpful, please rate us.
Under Section 482 CrPC, the High Court has powers to quash false cases to prevent the abuse of Court process.
if you found this helpful, please rate us.
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
False cases can be quashed by the High Court if an application is made under Section 482 CrPC.
If you found this helpful, please rate us.
False cases can be quashed by the High Court if an application is made under Section 482 CrPC.
If you found this helpful, please rate us.
Helpful
Helpful
Share
Read Related Answers
About marriage case
Dear Client,
The Police do not have an authority to cancel the marriage by written statements or otherwise. If your marriage is legally registered and your spouse is willing to stay with you on the su...
Widow Harassment Money Extortion, Deprivation of Right to Life , Discrimination
Dear Client,
Being a 52-year-old standalone widow, it is a very difficult task for you to tackle the issue with this kind of goons and anti-social elements. Once you make a complaint against them to t...
Threating and Blackmailing
Dear Client,
Blackmailing, which involves monetary demands is a serious offence under Section 384 of IPC. Further, threatens to injure the person or his reputation is a punishable offence under Sectio...
JASVEER Singh
Dear Client,
If you are arrested:
1. You must be informed of the reasons for your arrest (Fundamental Rights : Article 22 and Sec.50 Cr.P.C.)
2. You have a right to see the warrant if you are arrest...
Non supply of water by land lord
Dear sir,
If you are not comfortable with services rendered by land lord, you need not pay any rent. File a suit for injunction and seek interim relief for supply sufficient water as it is basic neces...
Read Blogs on Criminal
Criminal Lawyers
Find Lawyers by Location
