Sunday, 6 July 2014

The way to get rid of a bogus FIR or complaint

One of the common practices in this cruel world is that people involve their enemies in criminal cases to rule them. They make them beg for mercy because whenever a good person gets involved in a criminal case, he/she wishes to get rid of that case at the first instance.

Another aspect is that the police officials at times involve people frivolously in criminal cases by Lodging FIR or complaints against them. That is one of the most evil ways adopted by corrupt officials to achieve ulterior motives.

Once FIR is lodged or complaint is registered against a person, he/she gets involved in a criminal case. There are certain ways to get rid of a criminal case. The best is quashment of FIR which is done by the High Court under section 561-A of the code of criminal procedure 1898.

Another way is that the magistrate has powers to discharge a person under section 63. Similarly petition under section 249-A can be moved at any stage of the trial for acquittal of accused. If the offense is trialed by the sessions court than a petition under section 265-K of code of criminal procedure is filed to get the accused acquitted by the court of law.

2 comments:

  1. Dear Sirs,
    Highly apprecaited your efforts.
    I am a victim of fraud and criminal motivation of culprits in Pakistan and being an Overseas Pakistani I have been falsely implicated in a criminal case.

    The court of law stopped the proceedings under 249 Cr.P.C. in 2010 and I was told by the lawyer to accept it as undue delay could be occurred if I further insist to proceed my application under 249-A and as it was not possible to the applicant to extend his vacation and further delay could cause termination of his job, I have not insisted to proceed further.

    Later I was informed by consulting some relevant people within the law enforcement agencies during my family visit in the country that the court proccedings were stopped under 249 Cr.P.C. and it could be caused anytime further harm to me.

    Can I ask for acquittal under 249A without attending the court of law?

    Can I let quashing of my name from FIR without attending the court of law with considering the following facts:
    • that the registration of the FIR is malafide ;
    • that the matter is of civil nature and applicant’s Suit in the matter was already submitted to the honourable High Court, several days before the above FIR has falsely been lodged;
    • the criminal proceedings have been adopted with a view to harass me for ulterior motives by having knowledge on the 9th Sep. 2008 about status quo order of the honourable High Court already issued before lodging the FIR;
    • that as an expatriate and by living abroad it is impossible to safe guard our rights in homeland as undue delay could be occurred in the matter of final adjudication which will cause hardship to me.

    ReplyDelete
  2. Its a really informative site i really like it
    http://www.consumerspk.com/guidelines-for-consumers/

    ReplyDelete

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