Section 211 of indian penal coda

Querist : Anonymous (Querist) 23 January 2012 This query is : Resolved
sir, i am a junior practicing advocate. i have a query to all of you kindly advice me. my wife lodged false FIR against me and my father mother and sister.i only arrested and remanded judicial custody for one week.After police inquiry my father ,mother,sister names were removed from FIR.only charge sheet filed against me before court. But in the trail my wife turn hostile.Other witness were not exam-ed.On that basis i was acquitted last month.now my criminal case proceedings ended.can i move petition to same court to file case against my wife U/S 211 ipc?. weather section 211 ipc can impose after the proceedings or during the proceedings ?. supposed after my acquittal i can impose this section what is the time limit?

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Shonee Kapoor (Expert) 24 January 2012
:-)

Seems it is a case where the settlement was reached and then wife turned hostile.

No case is being made out.

Only court can initiate proceedings u/s 211 IPC.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Devajyoti Barman (Expert) 24 January 2012
Yes, it is the function of the Police, not the accused person.
You can mostly file a suit for damages against malicious prosecution.

Querist : Anonymous (Querist) 24 January 2012
sir, then how can i prosecute her any criminal charge ? sec 500 ipc ?

Devajyoti Barman (Expert) 24 January 2012
No , defamation does not lie.
Only civil suit for damages.

Ravikant Soni (Expert) 24 January 2012
private complaint is barred under 195 of Cr.P.C.for the crime under section 211 IPC.

V R SHROFF (Expert) 24 January 2012
You can file civil suit or damages .
211 only court can initiate.

Legal Fighter (Expert) 24 January 2012
as rightly said by all learned members, proceedings under section 211 can be initiated by court only but surely you can move an application before the court mentioning all the facts and ground vide which you think that proceedings under 211 should be initiated.

Querist : Anonymous (Querist) 28 January 2012
1)thanks all learned members.now can i move application before the court mentioning all the facts and ground u/s 340 cr.p.c to take action u/s 211 ipc by court against my wife?

2)weather section 211 ipc can impose by court after the proceedings or during the proceedings ?. supposed after my acquittal i can impose this section what is the time limit?

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