malicious prosecution

Querist : Anonymous (Querist) 23 April 2011 This query is : Resolved
What is the procedure for file a case against malicious prosecution

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Guest (Expert) 23 April 2011
SIR,
YOU MAY FILE A CIVIL SUIT FOR DEFAMATION AND CLAIM COMPENSATION MENTIONING ALL FACTS .
YOU MAY ALSO FILE A CRIMINAL CASE UNDER PROVISIONS OF I.P.C .FOR DEFAMATION DUE TO MALICIOUS PROSECUTION AND ENCLOSE SUPPORTING EVIDENCE AND PRAY FOR PUNISHMENT FOR THE SAID PERSON WHO WILL BE ACCUSED.
GOOD LUCK.

Devajyoti Barman (Expert) 23 April 2011
No special procedure. You have to simply file a civil suit for damages.
Under criminal jurisprudence the Police can prosecute the complainant for lodging false complaint but not for malicious prosecution.

Sarvesh Kumar Sharma Advocate (Expert) 23 April 2011
file an application before the court and copy to highcourt A.J.!

Advocate. Arunagiri (Expert) 23 April 2011
See. S.220 of IPC.
220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law —
Whoever, being in any office which gives him legal authority to commit persons for trial or to commitment, or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

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