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BS Rangi (President)     23 November 2015

Procedure

Sir,

Person A lodged DDR in July 2015 against three persons ei (B,C.D).A had small heated argument with B in presence of C and D in a park near his house.While lodging complaint with police ," A SAID ,"WE ALL THREE ENTERED HIS HOUSE AND THREATENED HIM." This is false ,police knows it is false case /DDR but wants to help A.

A and B compromised and submitted copy in police chowki.For A & B case closed.

C & D were left sulking as to why their name was added to DDR ?. 

C & D got clearance letter  from police chowki about their non involvement in the case.

C & D lodged defamation cases (civil and criminal ) against A for harassing,insulting senior citizens.

Case is listed for hearing in Dec 15.

C & D were advised by some senior retd police officer that We should also  file complaint in office of SSP/DCP against A and police chowki incharge ,under IPC 182.( C & D tend to agree with this advice).

Clarification Please : Can C & D  file complaint  under IPC 182 when defamation case is listed for hearing on 18 Dec 15 ?   



Learning

 3 Replies


(Guest)
Please don't play legal QUIZ HERE. we are not sitting here for law paper examination. Tell your case properly. Section 182 is meant for making false complaint to a public servant. Entering some ones house is criminal trespass. If the trespass is for assaulting or threatening with life, it is a serious offense. In all criminal laws: motive ,witness and evidence are basis for investigation and prosecution. if 3 people enter my house and there is no eye witness or no evidence found for their entry and they can have alibi that they were at some other place what you can do?

(Guest)
section 182 action is taken by public servant who was wrongly informed of crime. C or D have no locus standii. Now if they were wrongly named and police says so, they can surely go for defamation both under civil damages law and also under IPC for defamation. But they will have to prove how defamation took place. A will say he was provoked by police. Or that police let them go by taking bribe. then? See such cases depend upon individual situations .cant be advised on forum

T. Kalaiselvan, Advocate (Advocate)     03 December 2015

Mr. Rajendra Gupta has given a good piece of advice, hope this clarifies. 

Section 182 is not applicable for policemen  for filing false cases. If at all there is a grievance against police, a malicious prosecution case can be initiated against them


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