Habitual false accuser

Shwetal Jadhav (Querist) 25 January 2013 This query is : Resolved
Dear Experts,

My husband is falsely accused everytime he visits our village by his uncles as they want to grab our land. His uncles files false police complaint everytime. What is theremedy available to us? Kindly advise.

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ajay sethi (Expert) 25 January 2013
how many police complaints have been filed . ? have police investigated the said complaints ?

Shwetal Jadhav (Querist) 25 January 2013
Till now they have filed 3 complaints of abusing and beating. When my husband complains to police it is false complaint, police stop investigation.

R.K Nanda (Expert) 25 January 2013
file written complaint to police against the

uncles.

Shwetal Jadhav (Querist) 26 January 2013
When we complained to the police, they are saying we have to take uncle's complaint. What is the remedy available to us?

S.B.adil rahman (Expert) 26 January 2013
If your husband is implicated falsely in any FIR case and the output of the police investigation results in closure of case then he can be prosecuted under section 211 IPC. However, if simply allegation is submitted against him before the police without recording of FIR with a view to harassing him then you may file a complaint case against the accuser for his prosecution under section 182 IPC.

Shwetal Jadhav (Querist) 26 January 2013
Thanks very much experts

Can we file complaint for malicious prosecution? How to file it?

prabhakar singh (Expert) 26 January 2013
A TORT Suit of malicious prosecution lies only when there has been a prosecution and accused has been held NOT GUILTY after trial.

In your case Police has not proceeded to even investigate. Might be they would have not registered the FIR feeling family enmity and falseness of the case.

However if any FIR has been registered and on investigation it has been found wrong,criminal complaint would lie as already suggested either by an FIR before police or in case they decline directly before the Magistrate.

Shwetal Jadhav (Querist) 26 January 2013
Thanks for the advise. We are now better equipped to fight.

Sudhir Kumar, Advocate (Expert) 26 January 2013
whether query at http://www.lawyersclubindia.com/experts/Defamation-by-neighbour-364956.asp#.UQPwVPJ17fM is the same or different

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