How to dare your local policemen who files false case against you?

How to dare your local policemen who files false case against you?

(How to get out of false criminal cases?)

Interesting topic is it not? Often time you will see the policemen supporting those who pays them the most or pays them periodically. You may see these more when you deal with real estate business people. For my share, I had such an experience, albeit a very interesting one, that I thought is worth sharing!!!

The real estate developer (who developed our gated community of villas) and couple of us on behalf of the community got into dispute… the gist of the dispute is that the developer didn’t want to transfer the corpus fund collected on behalf of the association, and also encroached into some of the park areas and sold it.  The community wanted to resist the same and thus the dispute started, and I happened to be in the middle of it!!! (as Secretary of the Home Owners Association).

As the dispute got intense, we decided to stop the illegal construction in our layout at any cost, all without bribing anyone:- ), that is the key!!

So, on one fine day the developer starts the illegal construction and we objected to it and called the Municipal Corporation, Police etc… we also stopped the materials coming into the layout for construction and tightened the security a bit. Though the Municipal Corporation officers came and verbally informed the developer not to carry the work, the Police didn’t do anything stating that it is for Municipal Corporation to take action (which by the way is not correct, as police have plenty of laws using which they can take action). Subsequently the Policemen colluded with the Developer and using one of the Developer’s employee they managed to file several cases against us.

While most of the cases were dropped at the investigation stage, since we were also resisting reasonably by pulling few strings here and there, the Police having taken money from the Developer had to file at least one case against us and send it to the Criminal Court! The idea here is not about winning the case, as there was no real case, but to use the judicial system’s flaws and harass us for years. The complainant doesn’t have to attend the court every time, but whereas the accused must attend the court almost every month even though the court doesn’t do anything with the case. It is for just giving attendance to the Criminal Court; a place you don’t want to be, as it would be missing all basic amenities of a decent office. And this is exactly why we are so scared of the Criminal Court. It is a simple harassment for years while the complainant enjoys his life, happily!! Most of the Criminal Cases are of this kind and that is why the success rate in Criminal Prosecution in India is @10%!!!

So, with the plan of harassing us, the police colluded with the Developer and filed a false case against us. They issued a notice u/s 41 of CrPC for personal appearance at the police station. We acknowledged the notice properly by signing on the back side of their office copy and also stated that we are willing to co-operate with the investigation; but since we have documents to collect, please send us a copy of the complaint and give us another appointment etc. We also send him a registered post with details on the incidents and evidences we had about the actual incident of encroachment. So, essentially we made sure on record, that the police knew of the encroachment incident and also that we are very willing to co-operate with the investigation.

As usual the police never investigated properly since it was just a false case. They prepared all statements and report simply by sitting in their office and colluding with the Complainant (who happened to be a lawyer), and the Developer. They used some names and addresses of the people and falsified everything and submitted a charge sheet (final report) to the court and also procured an arrest warrant. We then received an arrest warrant!! Think about the shock it gives to the common man!

We then approached the court and got the bail on the same day, as it happened to be a working day!! (If they wanted to harass you more, then they will do so on Friday evening or Saturday)

Having taken the bail, I didn’t want to go thru the harassment of trial court and deal with some low life people from the Developer Company. So, I decided to approach the law systematically. I did some research and understood the nuances of the law and process, took some case references from High Courts and Supreme Courts etc. By then the court has proceeded with the trial and the trial begun though not much happened. Armed with the research content, I put together a petition for discharge (Technically it was a release petition u/s.258 of CrPC, as it was a summary trial. In case of typical warrant cases, the same can be filed u/s.239 of CrPC) for reasons of “lack of material for prima facie commission of the offences” to proceed with the trial.

Though I drafted it myself, I was shocked to learn that my own lawyer had no clue if this was possible at all! I managed to convince him anyways and told him to just file the discharge petition and that I will take care of the rest. To my utter surprise, my lawyer was not able to file that application with the Court. Forget about getting a favorable order! Apparently the magistrate did not think that such discharge application can be filed since the trial started.

So, I took the application during the next hearing and spoke to the magistrate and the public prosecutor on the law but they were hardly able to appreciate the law! I then decided it was a moot point to talk to them about law…I then switched gears and requested that the application be taken and be dismissed on appropriate grounds as the court deems fit, since the court cannot say it cannot take the application as such. For which the magistrate and the public prosecutor readily agreed and magistrate took the application and then dismissed it via an order. We then appealed against that order at the High Court and got a stay order, until final disposal.

The meat of our claim was that there was no commission of offence, even if all the material taken together and the FIR taken to be true and that there are too many material on record to show that the case was a fabricated one. The High Court, after almost two years, agreed with our contention and dismissed the case against us!! So, our perseverance and the truth eventually prevailed. Though it wasn’t an easy thing to do, it wasn’t difficult either, and all thru we were very confident we can get it quashed!

The reason we were able to win are, (a) those who fabricates false case will always leave lot of loop holes in their documentation, (b) most police men and complainants do not know the law much and thus the combination of both makes it easier for us to prove a false case!! All we need to do is collect the evidences systematically, document it, support with good case and law references, and you are sure to win... if not the lower court, you are sure to win at High Court or Supreme Courts for sure!!

So, if you are in similar issue, then talk to me!!

I can also show you how to successfully file a criminal case against those who files false complaint and false police report to the court!! We can force a magistrate/judge to file such complaint on your behalf!! Can you believe that? It is true!!