How to correct the wrong person named in warrant?
I have been issued a bailable warrant under Section 138. However, I am not the person actually involved. The electricity meter in question belongs to someone else who happens to have the same name as me but a different father's name. In the FIR, chargesheet, and warrant, the father's name has been incorrectly mentioned, which led to the warrant being issued in my name. I do not have any electricity meter registered in my name. The matter is currently before the Sessions Court, Shahjahanpur, UP.
Since the bailable warrant against you comes from an error in the father’s name and not from your actual involvement, the first step is to immediately move an application before the Sessions Court, Shahjahanpur, under Section 70(2) CrPC to have the warrant recalled or cancelled, supported by proof of your correct identity, father’s name, and that you do not hold an electricity meter in your name and, if the matter is not resolved at the Sessions Court, approach the High Court under Section 482 CrPC to quash the proceedings entirely, since continuing against the wrong person amounts to abuse of process.
You can file an application in court saying the FIR has wrong details and you are not the actual person involved. Show ID proof and request discharge. If the court not agree, approach the High Court to cancel the warrant. You cannot be punished for someone else’s mistake, this is a clear case of mistaken identity. For further legal assiatnace contact us on our helpline number.
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