Apni Law Staff asked 1 year ago
My family was falsely accused under Section 379 and a FIR was registered at the police station. Despite evidence showing the case was fabricated, the investigating officer (IO) only submitted a report stating it was false and didn’t include charges under sections 182 or 211, as we requested. This delay and manipulation led to a court taking cognizance against my family after 4 months. We filed a review petition with the District Judge and an RTI seeking information from the Superintendent of Police. After this, the SHO assigned another IO to investigate the case under 182/211, but the court rejected the report. Now, the court is reviewing the case while taking cognizance of the matter. What can we do to ensure justice and are there any relevant case references to support our claim?
Best Answer
Apni Law Staff answered 1 year ago
The investigating officer’s failure to include charges under sections 182 and 211, despite evidence of fabrication, and subsequent delays can be challenged in court. You can argue that the court should consider the IO’s misconduct, the delay in taking action, and the evidence submitted in your favour. Case laws like State of Haryana v. Bhajan Lal (1992) and Lalita Kumari v. Government of Uttar Pradesh (2014) emphasize the need for prompt investigation and the legal consequences of false accusations.
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