Date : 13-08-2018 11:33
INTRODUCTION: FIR is the first information report that is registered with the police with respect to any criminal offense. Section 154 of CR.P.C has provision for registering an FIR. For any person who wants to register a FIR against any person for cognizable offences the process first starts with lodging an fir under section 154 with a police officer if he declines to register the same the request is made to the senior police officer and if no action is taken by him then section 156 provides for approaching to the magistrate, under which he directs the police officer to register the FIR.
This aspect of lodging a complaint in the form of FIR has been provided to every citizen of the country in order to redress and catch the wrongdoers on the basis of their complaint. But now people have started misusing this practice and often register false FIR against persons who are not the actual offenders or make up a false case against them.
Due to reasons like a personal grudge or falsely implicate someone this right is widely misused. The number of false cases registered is increasing in every field of politics, society, and matrimony.
Section 482 of CR.P.C: this section provides a remedy after the arrest on the basis of false FIR has been done. Section 482 deals with the inherent power of the high court to quash an FIR on certain grounds.
To meet the ends of justice and to prevent the abuse of process of the court the high court has given this power to avoid injustice to innocent people being convicted and harassed on false implications. The reasonable grounds for a high court to quash FIR are-
Ø If it appears to the high court that there cannot be made any case on the basis of facts of the FIR.
Ø Where the allegations made under the FIR does not disclose the commission of the alleged offense.
Ø If there appears lack of evidence in the facts of FIR, as it is so unreasonable that a common man can never reach to any conclusions based upon that.
Ø Where there is an express statutory bar to initiate any proceedings.
Ø When the case has been filed with a malicious intent and it appears on the face of it that the case was solely to falsely implicate any person.
Anticipatory bail under section 438 of CR.P.C is available before the arrest has been made on the basis of the false case. It provides bail to a person if he fears getting arrested for a nonbailable offense.