• False complaint in police station

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.
Asked 2 years ago in Criminal Law
Religion: Hindu

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21 Answers

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 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

You can file case against person who bought the hooligans fir criminal intimidation under section 506 of IPC 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

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. 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

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. 

 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
363 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

You can lodge a complaint against neighbour for intimidation under ipc 506.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

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. 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

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 

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

In these cases also file a complaint for threat to injury and life.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

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

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

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

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

Yes you can file cases against them for false prosecution and defamation both civil and criminal

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

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. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

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. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

This is a criminal offense and not a defamation.  Section 499 or 500 IPC may not attract. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Under sections 499 and 500 of the IPC, a person guilty of criminal defamation can be sent to jail for two years.

Ganesh Kadam
Advocate, Pune
12193 Answers
151 Consultations

4.9 on 5.0

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.

  1. Where the FIR lodged against the accused does not contain any prima facie evidence against the accused in respect of the offence with which it is charged.
  2. Where the allegation made in the FIR does not disclose any Cognizable Offence against the accused.
  3. Where the Allegations made in the FIR and the evidence collected by the police on the basis of such evidence does not disclose commission of any offence that constitutes a case against the accused.
  4. Where the offence disclosed in the FIR is a non-cognizable offence in such a case, the police cannot start the investigation without the order of the Magistrate u/s 155(2) of CrPC.
  5. Where the Allegations made in the FIR are unbelievable, absurd that there is no ground to initiate the proceedings against the person.
  6. Where there is an express bar to initiate the Legal proceedings in any Act dealing with criminal matters.
  7. Where the FIR has been lodged Maliciously or proceedings are instituted wrongly, in order to falsely implicate a person in a false case to satisfy his personal grudge.

Alternaitvely, a Writ Petition can be filed under Art 226 of the COnstitution. 

 

Richa Bharadwaja
Advocate, Delhi
25 Answers

4.8 on 5.0

you can file criminal defamation or civil defamation  case against complainant. 

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

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.

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that they have filed a false consent against you.
  2. As at this stage, if you happen to file any such case of defamation then there is full possibility that it may not be accepted by the court of law keeping in view that this kind of practice will raise the number of litigation against each and every case.
  3. So, if at the end, you come out as not guilty and also there are enough proof that they used false evidences to harass you then you can file defamation plus other IPC offences as well.
  4. Rest, you are free to call me at any time for further detail discussion on this issue.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

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