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30 January 2009,
19:07
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Unemployed
[ Scorecard : 61]
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Hi Friends,
I seek your help in this matter.
If a person has been acquitted in any criminal case and wants to lodge a complaint under section 182 IPC against the complainant. What are the options with him.
What if the police is not ready to file the case u/s 182IPC against the complainant?
How and under which section can the person approch the court to get justice for himself.
Regards,
Shoneek
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30 January 2009,
21:06
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Advocate
[ Scorecard : 1271]
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It is better you file a private complaint under section 200 cr.p.c. Also you can file charge hims for malicious prosecution.
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01 February 2009,
12:16
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Unemployed
[ Scorecard : 61]
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You mean I can club 182 with other sections like 504 and 506 too
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01 February 2009,
20:05
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Unemployed
[ Scorecard : 61]
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Please see this:
http://indiankanoon.org/doc/1250923/
In the instance case; in Jinander Mann vs State And Ors. on 20/2/2007, the High Court has stated that start of summoning under CrPC 200 for alleged crimes u/s 182 is vitiated and hence liable to be quahsed.
Now does that mean that a person has no powers to move private petition for the false crimes for which he has been acquitted, if the concerned Police Officers are not doing enough to file the complaint.
Regards,
Shonee Kapoor
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01 February 2009,
20:24
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advocate{Retd. Judge)
[ Scorecard : 8280]
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There is bar of Sec. 195 of Cr.P.C. Hence, you can not file private complaint for offence u/s 182 of IPC
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02 February 2009,
16:25
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Unemployed
[ Scorecard : 61]
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Sir,
Does that mean a person is remedyless, if the concerned Police Officer is not willing to file a complaint?
Regards,
Shonee Kapoor
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19 February 2010,
16:39
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Consultant
[ Scorecard : 26]
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Can a complaint be lodged against an advocate found to have a hand in a false affidavit filed by his/her client under Section 182 & Section 209?
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Related Files
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