False allegation against nri

Querist : Anonymous (Querist) 08 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) 08 August 2011
You can file complaint in UK there laws are different and its diff country. You can always file dd case against them at the place where such act has been occured. as it is personal case he has to come for the case for filing and then he may give POA and try the case.

Chanchal Nag Chowdhury (Expert) 08 August 2011
1.Yes.
2.For punishment, an application u/s 156(3) Cr.PC. has to be filed before the Chief Judicial Magistrate of your area charging him u/s 500 IPC. For damages, a suit for such has to be filed in the Civil court having the necessary territorial & pecuniary jurisdiction. U can file both.
3.For the criminal case=yes.For the civil case-A POA will do.
4.The above are the alternatives.

Querist : Anonymous (Querist) 09 August 2011
Dear Experts, kindly elaborate the answer. 1. can i take both the alternatives on POA ? since his coming India will be difficult as chances of more such false allegation.
2. where should i file such cases, as their district and my district are different ?

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