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Victim False Cases   30 March 2016

Discharged in 498a, counter cases in my local jurisdiction?

Respected Members, My brothers wife filed a case u/s of 498a, 506, 406, DPA 3 & 4 against my brother and me. I have been discharged u/s 239 crpc in at the magistrate court. De facto complainant went for revision to sessions court u/s 397, 399 crpc against the discharge order. Sessions Judge dismissed the Revision Petition and up held the trial court discharge orders. The trial court is in Machilipatnam, Andhra Pradesh State. I am residing at Hyderabad, Telangana State. What counter cases (Civil/Criminal) can I file here at my local Jurisdiction in Hyderabad, Telangana State?


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 5 Replies

Pawan S (Advocate)     30 March 2016

Perjury
211 IPC
Damage suit
defamation

 

Regards,

Ekta

Victim False Cases   30 March 2016

Dear Ekta Mam,

I think Perjury, 211 IPC, Criminal Defamation can be filed only in the original Jurisdiction Court where the 498a is registered.

The main problem is, myself being a lady, I cannot travel all the way from hyderabad to Machilipatnam. ( almost 350 kilometers).

Is there a provision, that I can file cases in Hyderabad itself, where I reside?
 

Pawan S (Advocate)     30 March 2016

You can file criminal case against her under section 211 and 500 of IPC. You must file defamation case and claim your compensation on mental agony which you have been faced throughout the proceeding. Change of forum at this stage shall cause problem to you because all record of evidence is in the court and you no need to bring it in the court and concerned court has power to take judicial notice of the case if case is filed in the same court. So please don't change the forum at this stage. In defamation proceeding which resulted out to the filing of false case need not to personal appearance of claimant. So you can pray under section 205 CRPC for dispense of personal attendance in the court.

Regards,
Ekta

 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     31 March 2016

In alternative to what has been suggested above , you can also file the case through a power of attorney . @ekta Maam - 205 deals with exemption of the accused and not the complainant. The exemption of the accused is covered by section 256

Pawan S (Advocate)     31 March 2016

Yes, 256 crpc deals with Non- appearance or death of complainant.

Thanks for the correction, Augustine Sir.


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