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amiit   26 July 2016

Case against police officer?

DEAR ALL MEMBERS,

2 YEARS AGO MY NEIGBOUR FAMILY TRAPPED ME UNDER CASE OF IPC 325 WITH THE HELP OF POLICE OFFICER. IT IS TOTALLY FAKE CASE, FINALLY I WON THE CASE BUT, I LOST MY VALUABLE TIME + MONEY IN THIS CASE.

MY QUASTION TO ALL OF U IS , SHALL I FILE DEFAMATION (IPC 499 & IPC 500), MALICIOUS PROSECUTION (IPC 182)OR FORGERY(IPC 464) CASE AGAINST POLICE OFFICER?

AWAITING FOR YOUR VALUABLE REPLY,

THANKS IN ADVANCE

 



Learning

 7 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     26 July 2016

Sir, 

 

Was the police officer complainant in that case or he was acting under his official capacity? 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Kumar Doab (FIN)     26 July 2016

The police personnel is under obligation to conduct impartial inquiry and submit truthful facts and act against the complainant if complaint is false.

Share everything on record with your able counsel for a considered opinion.

 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     26 July 2016

Totally depends on whether he was acting under his professional capacity or whether he was acting as a private person

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Mohini (housewife)     26 July 2016

Sir, i want to know suppose complaint was filed by A person against B, but totally false complaint, whereas as per complaint A has not given proper facts, he knows everything in written but he was to grabe B person, and police also supporting A, becuase A is rich and famous person in society, so can we file complaint against A and police officer, for misguiding, illegal arresting of B, giving support to a., Pls advise. Thanks


(Guest)
Id u have strong evidence against police officer then go against police officer otherwise film case against opposite party

amiit   27 July 2016

DEAR KAPIL CHANDANA SIR,

POLICE OFFICER WAS ACTING UNDER HIS OFFICIAL CAPACITY.

Democratic Indian (n/a)     27 July 2016

Originally posted by : amiit
DEAR ALL MEMBERS,

2 YEARS AGO MY NEIGBOUR FAMILY TRAPPED ME UNDER CASE OF IPC 325 WITH THE HELP OF POLICE OFFICER. IT IS TOTALLY FAKE CASE, FINALLY I WON THE CASE BUT, I LOST MY VALUABLE TIME + MONEY IN THIS CASE.

MY QUASTION TO ALL OF U IS , SHALL I FILE DEFAMATION (IPC 499 & IPC 500), MALICIOUS PROSECUTION (IPC 182)OR FORGERY(IPC 464) CASE AGAINST POLICE OFFICER?

AWAITING FOR YOUR VALUABLE REPLY,

THANKS IN ADVANCE

 

It all depends on what evidence you have with you to support your allegations in court of law. If you have evidence against police officer then it may be possible to file charges against police officer under Sections 166, 167 IPC and various other Sections of IPC. Joining hands with the complainant cannot not be called the "official duty" of any police officer. Having said this, it all depends on the evidence you have with you to support your allegations. It is better to tread cautiously than making some allegations against which you have no strong evidence.

 

Depending upon the evidence with you, probably many cases against your neighbor might be possible like Section 182 of IPC, many provisions under Chapter XI of IPC related to giving false evidence and offenses related to public justice besides 464, 499 and 500 IPC.

 

In short you need to sit and talk with an experienced advocate dealing with criminal law and share the facts in detail.


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