Victim False Cases 30 March 2016
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
Pawan S (Advocate) 31 March 2016
Yes, 256 crpc deals with Non- appearance or death of complainant.
Thanks for the correction, Augustine Sir.