Legal Question in Criminal Law in India

Precautions from harassment of false complaints

I & my entire family are facing trial under IPC 498A,406,420,114,323,504 & 506(2) and u/s 3,7 of dowry prohi. act. We have been highly harassed by this criminal proceedings as well as two transfer applications filed in the high court at a regular interval of one year for transfer of the trial to the place where she resides. However high court did not entertained it and she had to withdraw it. Now after 41/2 years of the complaint she having no other option, appeared in the court to give evidences. Here she had threatened me of filing another police complaint against me and my entire family from her residence alleging my second marriage even though I have never married again nor do I have any relations with any other women. We feel that police without making any inquiry as had done earlier will accept her complaint, record her statement, arrest us, prepare charge sheet against us and we all be harassed tremendously as we had been earlier and which we are still facing. Please help us how to protect us from such false complaints. What precautions should we take from such harassment? Is there any procedure by which we could force police to make investigation and if they find any substance in it then only proceed with FIR, arrest etc.


Asked on 1/31/03, 6:20 am

2 Answers from Attorneys
Umesh Bhagwat Bhagwat&Co.

Re: Precautions from harassment of false complaints

Please contact on 020-5434569 for fixing appointment.

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Answered on 2/01/03, 8:31 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Precautions from harassment of false complaints

Remember on thing - in the cases of false, frivolous and malicious prosecutions - as in your case - the aggression is the best defence.

As regards powers of police to arrest - a gainful reference can be made to the law laid down by our Apex Court in Jogindar Kumar's case.

You may be surprised to know that powers of police to arrest is always misused grossly and where victims of such abuse approaches upper courts, a very serious note of such abuses is taken. Further, there are number of safeguards provided in law and power of arrest is coupled with several duties and responsibilities being casted on police.

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Answered on 2/04/03, 4:57 am


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