Sir My name is Dr. Devendra, currently I am running my own hospital in ETAWAH,. UP. At present I am staying with my father in law as my native place is some 30 KM from ETAWAH, but I have no share or inheritance in his property, some construction work was going on his home by him last month,with which I have no concern, during this work two labour was killed accidentally by electrotution with 11,000 volt line, going nearby his house, although this was purely an accident ,but their family lodge a false FIR in crpc 304 ,alleged complain of forced work under pressure against him , to my surprise my and my wife name also implecated in this FIR ,with intention of more and more compensation in process of RAZINAMA. Although I met with all possible police authority including SSP ETAWAH with evidence of my innocence including cctv footage of my hospital,as I was in my hospital at time this incidence happened, they are sympathetic with me and cooperative with me. I hope sooner or later my innocence in this matter will be proved. What my question is that after I found innocence in this matter , have I any right to take any action against person who filled a fake FIR against me for that I have to suffer mental trauma for next some month.
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Hello,
YYes. Under section 182 IPC or under section 211 IPC it is punishable offence. Lodging of a false FIR/complaint is punishable under IPC. Such an informant / complainant can be proceeded against under section 182 IPC or under section 211 IPC by the police. Private person against whom false FIR/complaint has been lodged can also file complaint in the court for the offence of defamation.
Regards
Dear Doctor,
In reference to the your notes - and based on the facts that you were present ion hospital at the times of the accident - Without delay file QUASHING of this FIR at the High Court - even if your FIR is not quashed you will get some releif - this is an accidental death and no one can be blamed and even if someone has to be blamed should be the Electricity Department - which has this 11K line over residential area.
Kindly feel free to speak with us for a free discussion on your subject ..
Best of Luck
1) file complaint of criminal defamation against the complainant for maligning your reputation
2) you can also file suit for damages and claim compensation for mental torture undergone by you
1.Since you can take the alibi of your presence in hospital there is nothing to worry about you or your wife.
2.However since case is started your innocence can be probed only after completion of trial.
3.Once trial is completed and if you can show the mala fide of the complainant you can file suit for damages out of this malicious prosecution.
If you are discharged from the offence and absolved from all the charges against you, given clean chit, then you may file a private complaint against the police for malicious complaint and prosecution.
A determination that a complaint is frivolous, malicious or vexatious has the effect of closing a case without any investigation. It must be a decision that is carefully considered, well justified and in accordance with the appropriate tests.
Malicious – bearing active ill-will or spite; having wrongful intention toward any other
If the Investigating Panel Convener wishes to determine a complaint as malicious or
vexatious where none of the factors above are known to be present the Investigating Panel Convener must provide sufficient reasoning in relation to why the decision to take no further action has been reached.
File a petition for quashing of the FIR lodged against you. Bring to the notice of the High Court all the points that you have raised in your query. You may get a stay on arrest.
