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ganesh (NONE)     02 December 2012

Case against false case.

Hi,

My brother in-law wife filled 498A , DP4&5  case againest 5 of my my brother in-law family memebers. now after 6 months police filed chrge sheet. in the charge sheet police did not find any evidence against us and removed the names of all the family numbers except main acused. Judeg acepted the  charge sheet  and now he is attanding court regularly.

can we put any case againest her based on the charge sheet since she made false allegation againest us. i have checked with some lawyers in miyapur court in hyderabad no one is interested .



Learning

 11 Replies

surjit singh (Assistant)     02 December 2012

Atpresent  there is no much scope for filing a case for initiating a case for malicous prosecution, because the case is under trial against you. Only exenorting the name of the family members from the charge and cognizance taken only against one accused does not means that you have a good case for malisious prosecution. There are provisons under the law that during trial also if the judge finds evidence against your other family members then also they can be made accused and may start trial against them. So better to consentrate in the present trial. If be better to proceed only after getting aquital in the present trial.

A1981 (abc)     03 December 2012

Hi,

I am not law expert but as far as I remember nothing stops rest of the accused from filing the case under malicious prosecution and defamation.

I am not fully agree with the view posted above, if that is the case then one have to wait till supreme court acquits individual. One can file the malicious prosecution, if somehow (i.e. very rare), retried then case on hand  will go on hold for the time there is judgement.

1 Like

(Guest)

I support the view of Mr.Surjit Singh. Very rightly, no lawyer is interested in filing a counter case. 

 

Ashish Davessar

Advocate
Supreme Court of India
Punjab and Haryana High Court

1 Like

(Guest)

@A1981- ''i am not law expert but as far as I remember nothing stops rest of the accused from filing the case under malicious prosecution and defamation."

 

 

This is your paradox. Although you are not a legal expert, yet you ventured to give your opinion on the legal intricacies without having an iota of knowledge about the relevant provisions of law or the procedure. If you are not a legal expert( as stated by you), may I ask you how do you remember a thing like this?

1 Like

A1981 (abc)     04 December 2012

@Ashish

Please enlighten us why or under which provisions of law, one can not file malicious prosecution even when s/he has been discharged or have been not made accused by the investigation agency for tha case in hand.

Pl.  also tell me when investigation officer initiates proceedings under sec 182 against complainant?

Pl. also tell me how Rahul gandhi got his defamation case admitted?


(Guest)

@ 1981

Buy yourself a bare act of Cr.P.C, IPC and also a good commentary on IPC to understand the essence of 'defamation' and 'malicious prosecution'. I am not beholden to enlighten the ignorants.

1 Like

Munirathnam (Scientist)     05 December 2012

Ashish Davessar,

 

I may not completely agree with you because if a persons is affected by false accusations shall not get justice.... you might have told t othe person that the fight to be done is more pain than the benifit that one get from Inidan Justice System.

 

But never say that the person is affected by flase case/accusation is not entitled to get justice and the actual offender is not punishable under law.

 

I see that you are experience lawyer and gave reply considering the ineffectice system in which we are living. Correct me if I am wrong.

 

Thanks in advance.

1 Like

Munirathnam (Scientist)     05 December 2012

Ashish Davessar,

 

I may not completely agree with you because if a persons is affected by false accusations shall not get justice.... you might have told t othe person that the fight to be done is more pain than the benifit that one get from Inidan Justice System.

 

But never say that the person is affected by flase case/accusation is not entitled to get justice and the actual offender is not punishable under law.

 

I see that you are experience lawyer and gave reply considering the ineffectice system in which we are living. Correct me if I am wrong.

 

Thanks in advance.

A1981 (abc)     05 December 2012

 

@Ashish

It would have taken two words for a genious law expert like yo reply but you chose to write unnecessary, irrelavant speech to me. It would be better if you learn to reply without getting personal. ofcourse you know law more than me but atleast behave like genious.

Let me tell you what the greatest scientist has said, "If you can't explain whatever you know to 8 year old, you yourself don't know about it."

May be I am wrong on my views. The defamation suit of rahul gandhi has been filed w/o even trail. That is what the author has asked, his family mebers have been discharged. there is no case pending against them. why they can not approach the court with defamation suit? if he can't that is illogical.

According to you one has to wait until trail finish then wait till HC appeal finish tand then supreme court.....

Now the defamation suit will also travel the same route ... DC->HC->SC, If he is not filing it now... he won't get the chance for a long time.

But you told me that there is law that one can not file defamation suit till ..........................

I want to know that.. because Rahul gandhi has got his judgement w/o trail.

I am not saying that defamtion suit will succeed... I am just saying one can approach court any time for remedies... whether that will be allowed, or what should be the timing for that. that is you law expert to decide and suggest.

1 Like

(Guest)

@Munirathnam- You have the right to disagree with me but don't tell me what I have to say and what not. 

 

@ 1981 -   I don't claim to be a genious. I have learnt whatever I had to in order to stand my ground in the court. I don't care for the opinion of the scientists. If this 'greatest scientist' can do the job of a lawyer then you or anyone desirous of setting the law into motion in the above facts and circumstances can take his help. The expression 'Justice' has been given a very passionate colour by people like you which has changed altogether its real meaning, whereas in law it is the culmination of a very dispassionate and impersonal journey. Therefore, you are the one who needs to adopt the path of learning, my dear.

The day I again argue against a defamation case filed in the circumstances mentioned by the author of this post, I shall invite you to witness the proceedings and you may see for yourself the fate of the case. You will come out learning something. Till then good luck.

1 Like

Munirathnam (Scientist)     06 December 2012

I agree with you that I do not have right to say what you shall not say and I hope in my post I did not say you not to say anything.

If I said anything like that I am sorry.

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