90,000+ Legal Questions Answered

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

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconReopening of uncontested disposed criminal case immediately
Dear Sir, Once convicted on plea it cannot be reopened but may seek enhancement of punishment both by way of fine and imprisonment. You have to approach higher Court.
question iconVague and illegal order passed by Magistrate on recall application
Dear Client, A criminal revision petition challenging the order of the subordinate Court may be filed under Section 397 of the Cr. PC either before the Session Court or the High Court. According to A...
question iconMinor aged 17 has eloped with a boy
Dear Client This can be a serious issue if a complaint is lodged with the police as the girl is still a minor and apart from other Sections of the Indian Penal Code the boy can be even booked (a possi...
question iconRegarding the intimate chatting
Dear Client, Firstly, engaging in solicitation for sexual services, including negotiating pricing with a sex worker, is illegal in many jurisdictions, including India. Therefore, if you have engaged...
question iconnew criminal laws-applicability to existing on-going cases
Dear sir, It goes to show that whenever new laws are introduced it cannot be Retrospective effect. It will be effect from Prospective only as indicated in new enactment.