ipc sec 353 / 34 - aquittal - filing of counter case against state.

Rahul Deshpande (Querist) 07 September 2011 This query is : Resolved
Hi

My friend has been aquitted after contesting a case registered under IPC 353/34.It was a police case & the constable who filed the case has ( died) expired. The state witness turned hostile during proceedings & magistrate remarked that there is no incriminating evidence against accused. Consequently my friend has been aquitted. My friend would like to know whether he can file counter case against state for falsely accusing him? If yes - What is the time limitation? ( Please note that decison has been delivered around 6 months back) And how much compensation he can ask for? What could be the maxiumum punishment to concerned state officials if proved beyond doubt that he has been falsely accused & framed?

Request for your expert opinion.

Thanks

Rahul Deshpande

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PARTHA P BORBORA (Expert) 07 September 2011
you may file a malicious prosecution case claiming compensation. pl consult with a local civil lawyer.

prabhakar singh (Expert) 07 September 2011
THE time is 1 year,a malicious prosecution case can be filled against the state as well as complainant after serving notice u/s80 C.P.C.,there would no punishment at all only damages would be awarded if you succeed in proving your case and you will be asked to pay court fees on amount you desire to claim as damages,mind it.Also that if complainant is dead it would be a very weak case to prove maliciousness in prosecution.