No the police cannot arrest you without evidence and serving 41a notice, during covid times the landlord needs to show valid reasons to evict you, i can give you back up
AN F.I.R HAS BEEN REGISTERED AGAINST ME THAT I HAVE OBTAINED DRUG LICENSE IN 2016 BY SUBMITTING A FORGE DOCUMENT OF n.o.c in the name of my land lord. which is a false accusation against me, i have never done such act. Can the I.O OF THIS COMPLAINT arrest me on just a false complaint ,without recovering any such documents from the named department as per complaint? the complainant is a recorded tenant of a shop under municipality property and i have been given the shop room by her on license for 11 month in DEC 2015. after expiry of the term same has been extended without written agreement now the complainant want to evict me without due process of law and has filed the complain to harass me. pls guid me.
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when and how can i file a defamation case against the complainant.
No the police cannot arrest you without evidence and serving 41a notice, during covid times the landlord needs to show valid reasons to evict you, i can give you back up
I- First and foremost action is that you have to approach Sessions Court for the grant of Anticipatory Bail Application .After bail then scrutinize the copy of FIR for next steps.
NEXT STEPS:-
II-Please go through the contents of FIR which would lead to understand the ground for defamation case against your opponents.
III-Please issue legal notice to your opponents for withdrawal of fake and false allegations against you contained in FIR otherwise face defamation case.
IV-Please file an application for the quashing of FIR under section 482 Cr. P. C. 1973 before Kolkata High Court.
1. If a complaint has been filed and FIR registered thereon then IO is free to arrest you.
2. Apply for anticipatory bail immediately.
3. Unless the case against you is dismissed as false you have no cause of action to file a defamation case against complainant.
1) there is no automatic arrest
2) police would issue you notice to record your statement
3) you can apply for and obtain Anticipatory bail from sessions court
4) file complaint of criminal defamation against complainant under section 500 of IPC before magistrate
Relax. Don't panic and act wisely.
You first need to apply for bail. Once the anticipatory bail is allowed your predicament goes.
From the information you supplied I am confident to get bail from you.
Therefore you may feel free to contact for bail from High court.
After bail several recourse including defamation can be thought of.
1. Whether a document is forged or not can be determined only by a registered hand-writing signature expert, that too ONLY after court issues order to the expert. Upto this time such document cannot be said to be forged.
2. Further the complaint can also be termed as legally infructuous since the complainant has complained only after 5 years, which would in court portray his malafied intentions for purposes of evicting you.
3. Till court issues order in your favor you do not have any cause to file any criminal complaint against landlord /complainant.
If your above FIR is disposed off and you got acquitted, quashed or discharged then you can file defamation against him
If there's a FIR registered against you, then it would be better that you obtain AB immediately, because the police are empowered to arrest you if there's a FIR pending against you.
You can challenge the false case during trial proceedings of the case before the trial court properly with the help of a skilled lawyer.
Now you have to protect your interests.
After having proved her allegations as false, you have a platform from where you can file a defamation suit as well as a defamation criminal complaint against her.
A tenant cannot lease out the property to someone else if it is not mentioned in the lease agreement of first tenant with the original owner.
It is that you were issued a noc from the tenant the noc is invalid.
You should initiate a case of fraud against the first tenant and the owner.
Arrest will not be initiated before proper investigation
- It is non bailable offence , hence you should try to take anticipatory bail from the session court , otherwise I.O. can arrest you under this offence.
- Since there is already an FIR lodged , then you an produce the proof of your staying in the tenanted premises before the court or the I.O. as well.
- Further, as the said landlord wanted to evict you , then you can file a suit for Permanent Injunction against the said landlord to get stay order from the court .
- A defamation case is not made out , until you prove to be innocent.
You can file petition in high court to quash FIR and simultaneously can file defamation case.
No arrest without recovering the forged document.
Police will issue 41A notice directing the person against whom a reasonable complaint has been made or credible information has been received to appear before him.
Contact local lawyer and apply Anticipatory bail.
charges were not proved against you.obtain the certified copy of fir and the charge sheet which was submitted by the police as well as prepare the documents and witness in support of you.
That is a completely false statement if you have the lease deed. Show them the deed and that you are living since 2015.
1. Yes you can be arrested but not without report from writing expert.
2. You should apply for anticipatory bail before sessions judge.
1. Section 468 of IPC is non bailable and also non compoundable.
2. Since FIR has already been registered, police can arrest you for interrogation.
3. So, avail anticipatory bail from the Court at the first instance and thereafter contest the FIR case fittingly.
You can file the defamation suit after the allegation leveled by your land lord is prove to be false before the Court of law.