Yes, it is possible to file a counter FIR (First Information Report) against the complainant if you believe that you have been falsely implicated in a case and that the complainant has trapped you in a fake case. Here’s how you can go about it:
1. Grounds for Filing a Counter FIR:
- False Allegations: If you believe that the allegations made against you in the original FIR are false and fabricated.
- Motive: If you suspect that the complainant has filed the FIR with malicious intent, such as to harass or defame you, or for personal gain.
- Self-Defense: If you have evidence to support your claim that you have been wrongly accused and that the complainant’s actions were unlawful or unjustified.
2. Consultation with a Lawyer:
- Legal Advice: Seek legal advice from a qualified lawyer who specializes in criminal law. The lawyer will assess the facts of your case, advise you on your legal rights, and guide you through the process of filing a counter FIR.
- Evidence Gathering: Gather all relevant evidence to support your claim, including documents, witnesses, and any other evidence that corroborates your version of events.
3. Filing the Counter FIR:
- Police Station: Go to the police station with your lawyer and file a counter FIR against the complainant. Provide all relevant details of the incident and evidence to support your claim.
- Statement Recording: The police will record your statement and investigate the allegations made in the counter FIR.
4. Investigation:
- Police Inquiry: The police will conduct an inquiry into the allegations made in both the original FIR and the counter FIR.
- Evidence Collection: The police will collect evidence, record statements from witnesses, and gather other relevant information to ascertain the truth of the matter.
5. Legal Proceedings:
- Court Proceedings: If the police find sufficient evidence to support the allegations made in the counter FIR, they may file a charge sheet and initiate legal proceedings against the complainant.
- Defense in Court: You will have the opportunity to defend yourself in court against the allegations made in the original FIR and present evidence to support your case.
6. Possible Outcomes:
- Quashing of FIRs: If the court finds that both FIRs are false or baseless, it may quash both FIRs to prevent abuse of the legal process.
- Legal Action: If the court finds merit in your counter FIR, it may proceed with legal action against the complainant for filing a false complaint or making false allegations.
Conclusion:
Filing a counter FIR is a legal recourse available to individuals who believe they have been falsely implicated in a case. By consulting with a lawyer, gathering evidence, and following the proper legal procedures, you can seek justice and protect your rights in cases where you have been unfairly accused or trapped in a fake case by the complainant. It’s essential to act promptly and diligently to defend yourself and uphold the rule of law.