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JI need legal advice regarding a situation with the police. In a report, the DSP clearly mentioned that there was no possibility of any unlawful activity. However, an SI (Sub-Inspector) allegedly tried to extort money from me. When I refused to pay, he falsely charged me under IPC 151 (Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse).
There is no prior history against me, yet he even recorded the wrong time in the General Diary (GD). I have CCTV footage proving that I was on my bike at the time he mentioned. Additionally, I have call logs showing that the police called my brother and asked him to come to the police chowki.
Since the SI allegedly made false entries in official records, can he be charged under:
• IPC 167 – Public servant framing an incorrect document with intent to cause injury.
• IPC 218 – Public servant making incorrect records to save someone from punishment or to cause harm.
• IPC 420 – Cheating and dishonestly inducing delivery of property (if extortion attempt is considered).
• IPC 468 – Forgery for the purpose of cheating (if false GD entries are proven).I have already escalated this matter to the SHO and DCP. The DCP admitted that the GD report is incorrect but has not taken any action so far.
1. Can I file a writ petition under Article 226 to challenge this and seek action against the SI?
2. Could the SI retaliate against me if I continue to pursue the case?
3. Should I escalate this further, or is it better to drop the matter?Would appreciate any legal insights or advice.
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IYes you can file writ in HC on this seeking quashing of FIR against you and also taking action against the cop. Counter FIR against him is unlikely so HC will decide the matter.
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