Should i file a complaint or not?

Vikrant (Querist) 05 May 2020 This query is : Resolved
Hello dear lawyers,

If FIR is filed, police investigates and find good evidences.After that trial starts in criminal court and the criminal case is fought by public prosecutor and advocates.

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This discussion addresses concerns about filing a complaint and the potential repercussions for the complainant. Lawyers advise that if an accused is acquitted based on a 'benefit of doubt', they generally cannot file a defamation case against the complainant. Furthermore, if a criminal case is dismissed, the complainant typically faces no negative consequences, provided the complaint was genuine and not malicious. However, if the FIR and criminal case are proven to be false, the complainant may face consequences.

KISHAN DUTT KALASKAR (Expert) 05 May 2020
Dear Sir,
My answers are as follows:
Q-- If the case is fought well and accused get acquitted by getting a benefit of doubt, can the accused file a criminal case on complainant(me) by saying that false case is filed.
Ans: No, he can file complaint or defamation case only if his acquittal is 100 percent clear acquittal and not based upon benefit of doubt.
Q-- Is there any bad consequences to complainant incase case gets dismiss. I am asking this because, I have to file an complaint for a bad person but I am little bit nervous because criminal case has to be proved beyond any doubt, and if i will be in trouble in case Case is not proved beyond doubt?
Ans: No, there will no consequence upon you. If you have no faith on the public prosecutor then you can get assistance of your own private advocate unders section 302 of CrPC.

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Vikrant (Querist) 05 May 2020
Thank you kishan sir..

Rajendra K Goyal (Expert) 05 May 2020
Q-- If the case is fought well and accused get acquitted by getting a benefit of doubt, can the accused file a criminal case on complainant(me) by saying that false case is filed.

Reply:
If the acquittal is based on benefit of doubt, chances of success in defamation case filed by accused are rare.

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Rajendra K Goyal (Expert) 05 May 2020
Q-- Is there any bad consequences to complainant incase case gets dismiss. I am asking this because, I have to file an complaint for a bad person but I am little bit nervous because criminal case has to be proved beyond any doubt, and if i will be in trouble in case Case is not proved beyond doubt

Reply:
No bad consequences on you. You can engage lawyer to look after your interest in the court.

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Raj Kumar Makkad (Expert) 05 May 2020
I do endorse the advice of Ld, Kishan Dutt.

P. Venu (Expert) 06 May 2020
The complainant could be liable for malicious prosecution if the complaint turn out to be false and malicious.

Rajendra K Goyal (Expert) 08 May 2020
It seems that the author has changed the query.

Author could have posted new query.

Rajendra K Goyal (Expert) 08 May 2020
Yes is the reply of your present query.

T. Kalaiselvan, Advocate (Expert) 09 May 2020
In the criminal case, the police is the prosecutor through public prosecutor.
the case will be prosecuted on the basis of the investigation reports and the witnesses who have deposed evidence favoring prosecution.
The defence lawyer can break the evidences and defend the interests of his client.
However what is your question?

Vijyant Nigam (09807349001) (Expert) 09 May 2020
Answer-1 & 2 Yes. the accused can file case against the complainant even before acquittal and in case the FIR and criminal case proved to be false, the complainant shall have to face the consequences. So just be assured that you are going to file a genuine Criminal Case against somebody and not a fake one.

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