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 months ago in Criminal Law
Thanks to all your valuable inputs. Follow up questions:
1. What is the limitation period for the complainant / State to appeal in the Sessions Court against our discharge order? Will the vacation period of the court will be included in the limitation period? Discharge Order is 20th Feb'20.
2. Some says that only the state can file the case under Section 182 against the complainant? Is it correct?
3.Since the discharge was ordered at the time of framing of the charges, under what sections the application has to be filed in the court to cover all these Sections 182, 211, 499 r/w 500 and Sec167, 218 & 220 of IPC?
4. The complainant made one more written complaint with Resident Welfare Association (RWA) by referring the same FIR number (that is when we came to know about the existence of FIR ) with the objective of spreading bad impression about us. On hearing our version on the illegal constructions, the RWA has given a written response to us & to the complainant stating that they do not want to get into the matter but these were not placed on record in the court. Will that help in supporting us in the Defamation sections? The complainant has deliberately circulated her complaint letter given to the RWA to various people. And, further circulated through Whatsup but we have only the images saved from Whastup and not with the forwarder's name in it.
5. On hearing the FIR, my husband applied for the Anticipatory bail but advised to go for regular bail when the summons are issued. The IO was supporting the retired ACP by not filing the charge sheet on time. Again, we had to file the application for Status report and charge sheet was filed - after a gap of 2.6 yrs from FIR date.
6. What will be the role of Police if I file the case under Sec 182, 211, 499 r/w 500? Since the complainant husband is ex ACP, police colluded with him to file the false FIR, once again their involvement on these sections will not bring any justice to us.
Point wise response pls:
Asked 3 months ago