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Two false cases filed by a petetioner

(Querist) 02 April 2012 This query is : Resolved 
Hi , i want to know one of my neibour filed two cases in land issue, one was equitted and other is trial. if this also equit the petetioner will sentense to two years and 6 months to IO it is true, if magestrate is not giving this sentense where i can appeal this case my trail is going in JFCM.
SAINATH DEVALLA (Expert) 02 April 2012
Dear Mr.Reddy,
If it is determined that the cases filed are false,the Magistrate has to penalise the petitioner,for misguiding he court and the law and also wasting valuable time of the court.If not penalised,you can appeal in the higher court and also claim damages.

ajay sethi (Expert) 02 April 2012
wait for the acquital first . dont count your chickens before they are hatched
Shonee Kapoor (Expert) 03 April 2012
It is not true.

You would have to file a case for malicious prosecution and prove the same.


Shonee Kapoor
Shonee Kapoor (Expert) 03 April 2012
And rightly said by Ld. Sethi, don't go jumping about right now.


Shonee Kapoor
Raj Kumar Makkad (Expert) 03 April 2012
There is no such law which you mentioned in your query. If case is not proved,the accused shall be acquitted and the chapter ends but if the accused want to teach a lessron to the complainant and the witnesses then he can separately file a criminal complaint before the same magistrate to initiate against them petition against malicious prosecution.
Seetharamreddy Kancharla (Querist) 03 April 2012
The petetioner file first was U/S 290 and 323 but the IO forgot to file other two sections are IPC 447 and 427. Finally case was equitted , the second case was filed U/S 447, 379 and 506 with a false statements given by the petetioner and their family members. Actually they dont have any land in that particualar Survey No's. In this case the IO not in the position to sieze any paddy and vehicles which was used for harvest and transport. Actuallly the offence takes place on 27th april 2009 and petetioner came to the PS on 2nd may 2009 immedialty SHO issued an FIR to the petetioner, but the petetioner mentioned in the petetion the offence takes on 10 O'clock which 10 O' clock and the IO sent the FIR to the court on 5th May 2009 with arresting the accused and produced in the court, later i produced anticipatary bailfrom Sessions court. In Dec 2009 IO filed the chargesheet , here there is no Prima Facie and there are no grounds against us , so how i am going to file a Malicious Procecution in the same court or other court, mean time our trial magistrate done an accident and the victim past away, i was the witness for that accident and i had given a written compalint the Vigilance Registrar of high court, then the magistrate wonteldy transfered my cases to other court, so where i want to file the Malicious Procecution.

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