False police case

Querist : Anonymous (Querist) 11 August 2011 This query is : Resolved
My brother is an NRI, settled in UK since last 16 years. Three months back he visited India on his vacations for 20 days. My uncles with whom we are fighting several cases on land and property, knowing the fact of my brothers visit after three years in India, Lodged a false police complaint against him along with my father and my two brothers.
Police understanding the motive of my uncles, cleared my brothers name from the complaint and forwarded the case to the SDO u/s 107 against my father and my two brothers.
Since there is lots of things written on the news papers also regarding the matter which effect the repo in the society also.

My brother returned UK after few days of filling such false case against him.

Could you please let me know-
1. Can we file Damage & Defamation case against my uncles for such false case against my NRI brother.
2. If yes where we need to file such case ?
at the District were my Uncles lodge police complaint or in our district or at UK ?
3. Will my brother need to visit India to file the DD case or any other alternative is there so that he need not to visit India.

4. what other best alternative available with us so that next time no one would dare to lodge such false police complaint against him in his next visit to India.

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Advocate Rajkumarlaxman (Expert) 12 August 2011
Mr.
This query has been already posted and as stated by our experts if you have further query then please attach the query for supplemenatry thread and not for new threads . Please this is a request to everybody.

Raj Kumar Makkad (Expert) 12 August 2011
1. Yes. You can file both.

2. At the District wherein your uncle filed complaint

3. No. Either of your brothers or father can file it as due to defamation of their brother/son, they also feel defamed. Your brother is not required to visit for this purpose but if he comes, it shall definitely add colours.

4. Defamation of civil as well as of criminal both the natures are available and both can be filed simultaneously. In civil mater, court fee is required to be affixed.

M/s. Y-not legal services (Expert) 13 August 2011
Am totally agree with mr.makkad..

girish shringi (Expert) 15 August 2011
I am agree with the experts' comments and reply.
Further if you feel it that it is really a false case you can file 482 for quashing the FIR in the REspected high court in which jurisdiction the FIR been lodged.

Querist : Anonymous (Querist) 15 August 2011
Dear Experts, since my brothers name is merely on the application made by my uncles to the police. his name is not there in the report to the SDO court. Can we even file the defarmation case against them.
. Can we file this cases in our district (other district were 107 is going on )?
. Can both Damage and Defarmation can be filed on the basis of POA (so that he need not require to come India, ). As they falsely tried to Pull him to india.

thanks you

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