Can complainant file complaint on false name n change the name later ?
Respected advocates / legal consulates
A person filed cases let’s say farhan salman kazi on 2nd May and all the proceedings witness statement contained his name as only salman kazi, now on 26th May he comes in front of IO and says I wrongly mentioned my name as farhan salman kazi which is actually my real brother’s name and then mentiones his name as tahir salman kazi police gives application to government hospital to give injury certificate to tahir salman kazi and submits chargesheet with that name in court Questions 1 As the complainant has changed his indetity after 24 days when fir was registered and it’s clear no body by mistake takes elder brother’s name sign also as him and then change sign and name to self name
2 in all document witness has take his name only half that is his father and surname 3 since injury certificate is changed in section 326,324,325 which is base of the case
Can fir be quashed on these grounds case is 3 years old and chargesheet has been filed but nothing has happend in 3 years not even charge framing ?
The accused is my friend and I know he has not done anything but he was just roped in this case out of local area elections results evidence my friend is not a political leader but member of one society who did not voted for ex corporator so he has created case out of blue and now asking money to accused for settlement.
Thanks in advance for all the help
3 Replies
Hi Can anyone help with their views please ?
Hey! This is a good ground for quashing. Also the complaint needs to be perused. If it so happens that in the complaint he has stated that the alleged wrong has happened to him and then later changes his name, in that case, the entire cause of action changes. You should be able to get the matter quashed in my opinion.
Jurist Thanks a lot for your reply one more request if you can help with any citation or case law it will be very helpful.
You are the only one replied on my query so once again sincerely thanking you