• Filing of case against False FIR U/s Sec 182, 211, 499 r/w 500,167, 218 & 220

My husband is 63 years old & staying in a colony since 1997 in Delhi. My neighbor is Ex-ACP - (Crime Against Women) has purchased a flat in year 2011 & made illegal constructions in year 2013. We filed a Civil Suit & won the case in the year 2015. The illegal constructions is yet to be fully demolished. And we have filed an Execution & Contempt Petition which is still under trial. 
One month before the Lok Adalat Decree, our neighbour has filed a FIR against my husband under Sec 354(c), 354(d) and 506, 509 in his wife's name using his clout with the local police. 
Twice we approached Delhi High Court for quashing of the FIR. But, the Judge advised us withdraw the petition and state about the whole matter in the trail court. Trail was on and finally, the MM discharged my husband from all the sections - 354 (c), 354 (d), 509 & 506. 
While discharging, the MM (Lady Judge) mentioned about the citations of Union of India Vs Prafulla Kumar Samal (1979) and also explained about each and every section why the same is not attracted. Further,the MM specifically referred about Vikram Johar Vs State of Uttar Pradesh AIR 2019 on Sec 506 and discharged my husband fully from all the sections. 
Now, we want to file a case under Sec 182, 211, 499 r/w 500 against the complainant, retired ACP CAW & other neighbours who have made allegations in their Sec 161 written statement to the IO. Also, against the IO under Sec 167, 218 & 220 of IPC for lodging the false FIR. 
Request for Point wise reply: 
1. Whether the Complainant can file the appeal against the order of the MM ? Or only the State is authorized to file the appeal? Some says complainant can also file the appeal in the Sessions.
2.What is the limitation period of filing the case against these people in the above referred sections?
3. Can we file the case in the above referred sections, even if any appeal is filed in the Sessions Court by the Complainant or by State against the order of the MM? 
4.Should we wait for the outcome of their appeal to be filed if they file the appeal before the limitation period?? Or file the case anyway against the Complainant & others? 
5. Once our case is filed, is it mandatory for the Complainant & other neighbors to opt for the bail for Sections 182, 211, 499 r/w 500? 
6. What will happen to the IO if we file the case under Sections Sec167, 218 & 220 of IPC?
7. Can we file the case against the other neighbors under Section 211 since they have given the Sec 161 written statement to the IO making false allegations. Sec 211 says that "When a person with the intention of causing injury commences any false criminal proceedings or makes any false charge against any person, then the person is liable under Sec 211 of IPC". ?
9. Can I file the Civil Defamation & how much I can ask as compensation? 
10.What is the limitation period for filing the Civil Defamation & which court I should file?
11.How long the trail can run for the above referred sections?
Asked 3 days ago in Criminal Law from New Delhi, Delhi
Religion: Hindu

Victim can file appeal against acquittal but your option is open to prosecute for defamation and malicious prosecution agsisnt complainant, witnesses and investigating officer.

At least 3 threes but as soon you will file, good for you.

No need to wait for appeal result. Your husband is declared innocent. Can proceed now.

In such cases, court takes cognizance and grants regular bail.

Agsisnt IO INTERNAL INQUIRY AND court case both can proceed simultaneously. Complain to higher authority.

Agaisnt witness can file complaint in same court u/s 193 IPC for giving false evidence. File application u/s 344 CrPC.

Any amount of compensation can demand , rest court will decide.

Trial will take time. Limitation for file civil as well as criminal defamation case is 1 year from date of event.

Yogendra Singh Rajawat
Advocate, Jaipur
17397 Answers
21 Consultations

4.6 on 5.0

1. the complainant can file an appeal against the order of acquittal,

2. the limitation starts from the date of acquittal from the false charges,

3. you can file, rather, you should filed,

even you were free to file during the trial,

4. file the case without further delay

5. you will file a private complaint, once the court summoned the accused, they will have to take the bail,

 


6. depends on the fate/outcome of the case,

7. if the neighbors depose falsely in the court then you can initiate proceedings under section 191/193 against them,

9. defamation is not made out,

you can file civil defamation but that will only produce some harassment for them, won't fructify for you

10. limitation for defamation is 1 year

11. can't say, however, usually such trail take a time of 3-4 years to it's disposal 

Suneel Moudgil
Advocate, Haryana
1711 Answers
3 Consultations

4.7 on 5.0

1. Yes, the complainant can file appeal against the order of the MM, before the session court as well as High Court. 

2.  For the offence which is punishable with fine only, the period of limitation is six months 

- For the offence which is punishable with imprisonment for a term less than 1 year, the limitation period is one year

- For the offence which is punishable with imprisonment for a term exceeding one year but not exceeding three years, the limitation period is 3 year. 

3. Yes, because , your case is based upon new cause of action.

4. You should wait for the outcome from the appellate court , otherwise your filed cases will be not maintainable. 

5. No, until there will be an order of lodging FIR in your case , they will not opt to take bail .

6.if the I.O found guilty , then official inquiry will be started against him , and court may order for his dismissal as well. 

7. Yes

9.  In civil defamation suit , you will have to deposit court fees for claiming damages ,

10. Jurisdiction for filing Civil defamation depends on the amount of damages claimed by you. 

- Till 3 lakh --- Senior civil judge , and above District & Session judge court . 

11. Not fixed and depends upon the working of court. 

Mohammed Shahzad
Advocate, Delhi
1789 Answers
27 Consultations

5.0 on 5.0

1. Yes the complainant can also file an appeal against the order of acquittal . 

2. There is no limitation in criminal matters, however the same are required to be reported the earliest. 

3. I the appeal is filed then your case will become pending till outcome of the appeal. 

4. You should file the case at the earliest. Also file a civil suit to claim compensation from them. 

5. Yes 

6. Nothing will happen to the IO, he was discharging his duties. If you are able to show corruption and all on his part then you may file a complaint. 

7. Yes 

9. Amount has to be decided by you, based on your social status and economic condition. 

10. You should file the same at the earliest in the court under whose jurisdiction the incident took place. 

11. Can not be defined. 

 

Regards 

 

Anilesh Tewari
Advocate, New Delhi
17447 Answers
283 Consultations

5.0 on 5.0

1) complainant can also appeal against impugned order 

 

2) you are at liberty to file case during pendency of appeal 

 

3) you can wait till expiry of appeal period 

 

4) they will have to apply for bail 

 

5) you are at liberty to file suit for damages and can claim compensation 

 

6) suit has to be filed in district court in your city 

 

7) suit may take years to be disposed of depending upon pendency of cases in trial court 

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

Yes victim has a right to file appeal but the appellate court will not entertain the same in the said scenario. 

Limitation is 6 months to 1 year in false FIR cases. But if appeal is filed your case will be stayed. Yes you can wait till outcome your limitation will be active. 

Yes they need to seek bail. May anticipatory first. 

The same can be tried against IO but you may need sanction for the same from government to proceed with the trial

Yes you can also file case against other neighbors

You can seek compensation in civil defamation. Amount is subjective. 

It's 3 years period for defamation and will lie before city civil court. 

Period of trial can't be quantified in India

Prashant Nayak
Advocate, Mumbai
17446 Answers
30 Consultations

4.6 on 5.0

Hi,

The complainant can also file the appeal against the order of MM but you are suggested to be fast in your action and file the case soon giving them no time for appeal. The limitation may be of 90 days but you are not suggested to wait for the same. In case the appeal is pending and order of MM is not set aside or stayed, you may file your case and your case will proceed. It is once more suggested not to wait for outcome of appeal. 

Ganesh Singh
Advocate, Delhi
3501 Answers
9 Consultations

4.5 on 5.0

1. The defacto complainant also can file an appeal against the judgment.

2. There is no limitation as such to file such cases, however it would be advisable that you may file the cases at the earliest possible instead delaying it inordinately.

3. It would be better that you wait for the completion of the limitation for preferring appeal against the judgment of the trial court so that you can file the cases if there is no appeal preferred within the  period the appeal can be filed.

4. If the appeal is decided in their favor then your case would become non-maintainable.

5. If you are filing a private criminal complaint then they may not be required to get themselves enlarged on bail unless if it is a local practice.

6. Nothing, will happen to IO until and unless you prove that it was a malicious prosecution.

7. Just because they gave statement under section 161 cr.p.c., they may not be impleaded because they can simply escape stating that they were forced by police to give the statements.

9. You may decide about it based on the prevailing circumstances.

10. Generally the civil defamation suit can be filed within three years in a civil court.

11. It cannot be predicted owing to various factors involved in a case trial proceedings. 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

Hi

1. Yes the complainant can file the appeal against the orders of MM.

2. Limitation period is 30 days

3. Yes you can file the case with the pending appeals

4. If you will file a defamation complaint against him in anyway then do not wait.

5. Yes bail will be required. But police will look in the matter that in which sections the case will be filed you will only narrate the story. Draft the story in a way that all the above sections are made out.

6. He might loose his job

7. Yes 

8...9. Defamation is not civil. Defamation is under section 500 of IPC , and where IPC is in action that is not a civil case. Ask for 50lakhs.

10. No Limitation period, A complain case is needed to be filed.

11. time cannot be specified for a court case.

Thanks

Rahul Jatain
Advocate, Rohtak
1304 Answers
3 Consultations

4.9 on 5.0

1. Yes complaint can file revision petition in sessions court.

2. There is no limitation For filing the case but if you want to lodge complaint against them then you should do it as soon as possible.

3. Yes you can file case against complainant for false FIR against you but you cannot initiate Legal action of defamation because the complaint was filed against you to competent authority.

4. You can wait till appeal decision.

5. Yes once the chargesheet is filed they have to get bail from court.

6. You should send a complaint against IO to SP of Delhi. 

7. Yes you can initiate actions against your neighbours. 

8. Case of Defamation doesn't attract if there is no publication against you. 

9. Trail can take years.

Mohit Kapoor
Advocate, Rohtak
7134 Answers
2 Consultations

5.0 on 5.0

You may contact a lawyer in the local who practices in service law for further advises and suggestions to move on.

Mohammed Mujeeb
Advocate, Hyderabad
14513 Answers
6 Consultations

4.5 on 5.0

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