If on basis of complaint FIR is lodged Police would conduct investigations and if it turns out that complaint is false file closure report
2) you can file defamation case against complainant
What action can be taken by police station for false complaint against me . I am ex-serviceman a retired Lt Col . Can I file a defamation case against such complaint? It was a case of dispute in agro produce poplar tree sale proceed.
My neighbor Agro field owner brought about 60 persons from city to pressurise me for resolving the dispute of Agro produce sale produce without intimation . These hooligans did not let me discuss properly in the noisy environment. Can a case be built against the person who brought these hooligans?
If on basis of complaint FIR is lodged Police would conduct investigations and if it turns out that complaint is false file closure report
2) you can file defamation case against complainant
You can file case against person who bought the hooligans fir criminal intimidation under section 506 of IPC
What is defamation IPC description
Defamation complaint is filed under section 500 of IPC
499. Defamation.—Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.
For lodging false compliant no case lies till the trial is completed and you come out acquitted
2. Falsity of a complaint is demand of the accused person and its merit is not decided as yet. Let it be decided in court and then your further remedy lies.
3. In that event only you can file a case for defamation seeking damages. No criminal case of defamation lies.
See if the complaint in is made FIR is lodged and in course of trial it is proved false and you are acquitted then you can file a complaint and suit for defamation.
You can lodge a complaint against neighbour for intimidation under ipc 506.
499. Defamation.—Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.—It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.—No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.
A criminal complaint must be filed against unknown persons and the agro owner for criminal intimidation under section [deleted].
A defamation case can only be filed if he has in some way caused your reputation to suffer publicly.....s 500.
Regards
499. Defamation.—Whoever, by words either spoken or intended to be read, or by signs or by visible
representations, makes or publishes any imputation concerning any person intending to harm, or knowing
or having reason to believe that such imputation will harm, the reputation of such person, is said, except
in the cases hereinafter excepted, to defame that person.
Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the
imputation would harm the reputation of that person if living, and is intended to be hurtful to the fellings
of his family or other near relatives.
Explanation 2.—It may amount to defamation to make an imputation concerning a company or an
association or collection of persons as such.
Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to
defamation.
Explanation 4.—No imputation is said to harm a person's reputation, unless that imputation directly
or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or
lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that
person, or causes it to be believed that the body of that person is in a lothsome state, or in a state generally
considered as disgraceful.
It depends that what is the complaint and police may make enquiry instead of making arrest
You can file police complaint for giving false information, with intent to cause public servant to use his lawful power to the injury of another person.
60 persons, clear case of criminal intimidation and wrongful restrain. File police complaint.
Read sec 499 IPC - Defamation
If police have registered a complaint which has been proved ad false by the court of law while dismissing the said criminal case then you can take steps against police for malicious prosecution.
Yes, you can give a complaint for the crimes namely creating nuisance, coercion, threats, blackmail and more.
You draft a complaint neatly, lodge it with the local police station and request for a speedy action.
Under sections 499 and 500 of the IPC, a person guilty of criminal defamation can be sent to jail for two years.
You can file an Application under Section 482 of the Criminal Procedure Code, for quashing the FIR before the respective High Court, in your case it would e Allahabad High Court, in case the FIR is also lodged locally.
The following grounds will have to taken care of while filing the same.
Alternaitvely, a Writ Petition can be filed under Art 226 of the COnstitution.
Section 499 of the Indian Penal Code, 1860 (IPC) states that any person whose reputation has been damaged (or was intended to be damaged) by the material in question has the rights to sue for defamation.
Dear client
You can file defamation case if you found innocent in the investigation of the police under section 500 IPC.
Yes you can file a police complaint regarding the incident as it is a clear case of criminal intimidation. Section 506 IPC.