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182 ipc is made out without cancellation of fiir from the court.

(Querist) 03 March 2013 This query is : Resolved 
as the police had cancelled the first information report but the said cancellation is pending in the court can the police will lodge 182 ipc if no under what section
Nadeem Qureshi (Expert) 03 March 2013
Dear querist
The police have power to submitted Chargesheet before the court, the police can file the charge sheet against the complainant with the allegation that after investigation they found that the complaint is false and due to this reason the Chargesheet has been filed against the complainant.
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Raj Kumar Makkad (Expert) 03 March 2013
Filing cancellation report ipso facto do not give right to police to lodge FIR against complainant.
Devajyoti Barman (Expert) 04 March 2013
Without giving notice to the de facto complainant the Police can not file closure report.
prabhakar singh (Expert) 04 March 2013
On investigation of an FIR the police may submit in court either a charge sheet or a final report.If it submits final report then court gives notice to the victim to the effect why should not the police final report be accepted.

If police is of the view that FIR lodged was false and motivated it can proceed either u/s 182 or s.211 of the I.P.C.

Even accused can file case of defamation either under I.P.C. or a suit under law of torts.


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