Lawfarm Team
in Family Law Criminal Law Civil Law
Asked June 01, 2016

Divorce case: false allegations and suit.

  • 1 Answer

I filled a divorce case. But then my father in law filed a false fir of assaulting (under political influence) against me n my father and prepared a fake witness. But, during the time of the alleged incident, I was at railway station, my father was at home and during incident time duration i received calls from/called many persons. We wrote to SP,IG,DIG for fair enquiry and to trace our location by mobile. now case in court.  sir can i request in court to trace our location during incident time or what else can do?

Answer 1

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Srija Choudhury
Firstly, you can file a complaint against your father in law for instituting criminal proceedings against you and your father for which he had no lawful grounds under section 211 of the Indian Penal Code. This section provides that, whoever intends to cause injury to another person or causes injury by instituting criminal proceedings or false charges against him knowing that there is no lawful ground is punishable with imprisonment for 2- 7 years and fine. You can also sue in civil Court for malicious prosecution Secondly, you can take a plea for alibi (Section 11 of the Indian Evidence Act) for which you can either ask your advocate to gather the required telephone records, which any person can acquire from the telephone company.If your service provider is a public company like BSNL/ MTNL, then you can directly file a RTI application for your own telephone records as it is under the government control.For private service providers like Airtel or Vodafone, you can file an RTI application to TRAI (Government regulatory)which controls the private service providers . Under section 156 (3) of CrPC, the court having jurisdiction over your case has the power to direct the investigating authority to hold an inquiry and gather such telephone information which helps to prove your case. The plea of alibi must be proved with absolute certainty .A witness for your plea of alibi can make your case stronger. The aggrieved party has right to claim that the offence he is accused with should be investigated properly.The magistrate can take cognizance of an application under section 156(3) of CrPC on its own1) Upon receiving a complaint of facts which build up the offence2) Upon police report of such facts3) Upon information received from any person other than police officer If the Magistrate on an application under section 156(3) of CrPC is satisfied investigation was not conducted properly, he can certainly direct the officer incharge of police station to make proper investigation and monitor the same, but he cannot participate in such investigation .
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