• Procedure for filing case under section 182 or 211 for false FIR

The wife of my son had lodged false FIR under section 498 against my son, we the parents married sister and brother in law on Sept 2009 and domestic-violence etc which are going on in court but very slow pace. Now she is filing false FIR's using some influence every now and then. In one of such FIR under section 307,504,506,323 police has filled FR in favor of us as the evidences were in our favor. court has accepted the FR and rejected the false FIR. We are getting unnecessary harassment in getting bailed out every now and then. In one such FIR followed by charge sheet I was at Singapore and has to get bailed out. I am retired officer from central Govt of 67 years of age and finding very difficult to carry on. I want to know how to come out from such physical and mantel torture. Can I file case under IPC section 182 / 211 in the above case under section 307 for which FR has been accepted by court.  What will be the procedure as police as well as my lawyer deny the applicability of case through police or through court. Eagerly wait for advice.          - M C Sharma
Asked 8 months ago in Criminal Law from Ghaziabad, Uttar Pradesh
Religion: Hindu
1) Section 182 and 211 of the IPC should be invoked preferably if you have been acquitted by the trial court and no appeal has been filed against order of acquittal 

2) you  can also file suit for damages against the complainant in civil court 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
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Well, you can file case u/s 182/211 ,Only the investigating agency can file such case.
2. Since I have not seen the contents of complaints I can not advise properly but I do advise to go for quashing of FIR if merit of the case so permits.
3. If there is apparent biasness in police in registering  FIR you can apply for further investigation as well.
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
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File a complaint before magistrate under section 200 of cr.p.c for offence of  section 182/211/499/500 of ipc.

Apart from this you may file a civil suit for defamation and claim compensation for your defamation.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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1. Complaint case can be filed before magistrate under section 200 of crpc for the offence of 182, 211,499,500 of ipc. Criminal defamation case can be filed before magistrate.

2. Defemation case can be filed before civil court

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) you can file defamation case for tarnishing  your  reputation    and damaging  your  social standing and goodwill in the society


2) it should be filed within jurisdiction of court wherein offence has been committed 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
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1. The mere filing of FR in your favour is not a ground to launch her prosecution under the case. The opinion on filing the complaint under 182 has to be formed on the basis of the allegations made in the FIR and the documents relied on by the parties in support and against thereof. People find 182/211 very attractive but the truth is that the ingredients of this offence are actually made out in only 1 out of 100 cases. So heed the advice of your lawyer.

2. Defamation can be filed where you reside or where the complaint was filed by her.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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1. there is no prima facei case against you but case is filed 
2. you got bail in 498 A 
3. final report is submitted by the IO
4. that report is accepted by the court.

above facts itself constitute ground for filing :
1. defamation case under section 500 IPC
2. file case under section 193/196 IPC for giving false evidence, investigation is a judicial proceeding for section 193/196 IPC. if she files false FIR so definitely she has given false evidence in its support.
3. file divorce petition on the ground of filing of false case. 

court is not bound to accept opinion of the police officer given with FR. you should read the FR and consult with a good lawyer. 
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
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 I want to know how to come out from such physical and mantel torture. Can I file case under IPC section 182 / 211 in the above case under section 307 for which FR has been accepted by court.  What will be the procedure as police as well as my lawyer deny the applicability of case through police or through court. Eagerly wait for advice.    

(i) The person against whom said Summons have been issued or the person whose genuine complaint is dismissed, may prefer a Revision Application1 u/s 397 of CrPC, 1973, before Sessions Court / High Court, or prefer Application u/s 4823 of CrPC, 1973, before the respective HC, thereby challenging the said Order of the Magistrates court. Ordinarily, High Courts insist that before invoking their Section 482 Jurisdiction, the aggrieved person must invoke the jurisdiction of the Sessions Court u/s 397.

(ii) It is a criminal offence u/s 182 and 211 of IPC, 1860 to knowingly make a false complaint / accusation and register a false complaint against any person. In such cases the innocent person cannot register FIR or make complaint to Magistrates court against those persons who have filed false Complaint.

In such cases, as far as offence u/s 182 is concerned, a complaint4 can be made to the Police officer to whom false complaint has been made, or complaint may be made to an authority higher to the concerned Police officer, and the concerned Police officer or the higher authority, is empowered to file the case in the Magistrates Court against the person who has made false complaint to the Police.

Where the offence is alleged to have committed u/s 211 of IPC, but the matter did not reached the Court of law for trial and proceedings / investigation terminated, then, a direct Complaint u/s 2006 or Application u/s 156(3)6 of CrPC, 1973, can be made before the Magistrates court concerned against those persons who have made false charge of offence.
T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
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1. This case did not came on trial as the Final Report in our favour was filed in court by police. Advocate at the distt. court where this Final Report was filed is of the opinion that we can not file case as no trial was done in this case. Also police in its Final Report has not recommended for filing case under section 182 by accused party. 

Once the FIR is closed by the order of the magistrate based on the FR, there is no case to be fought against so what is your query about?




2. Whether the defamation case is to be filed in the same court or it can be filled in any other court. Please advice.

Defamation, if intended to file, shall be filed within the jurisdiction of the court where the FIR has been closed by the magistrate. 
T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
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