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Pawan S (06292021602) (Advocate)     17 December 2015

False allegations : 375, 313 & 417

Dear friends,
One of my friend need advice, That's why i thought to ask here.

One of my friend has been roped with some allegation like 375, 313 & 417. But after fighting the cases for some years, he finally became acquainted from all charges.
He lost his savings, career, lost job ....while fighting against the cases. Finally he wins.

Now, he want to file cases against her.

Could you please suggest how to proceed next.

Regards,
Ekta



 10 Replies

saravanan s (legal advisor)     17 December 2015

he can file defamation cases against her

Pawan S (06292021602) (Advocate)     17 December 2015

Thanks Saravanan sir.

1. So,you mean to  say that he can file 499 IPC for Criminal defamation along with civil defamation?

2. In the he court proceeding, she had stated false statement also supress the evidences.

   Can he also file cases against her for these act?


3. Also she claims a huge amount by filing 125 (the girl is his wife), in which she tries to show the cases 375,313 & 417, during the proceeding of these cases.

Now since the judgement comes in his favour and all the allegations 375,313 & 417 are false, can he be able to file extortion cases against her?

 

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     17 December 2015

extortion 

Perjury

211 IPC

Damage suit

defamation

Writ Petion in HC against the state since state also a complainant

1 Like

Pawan S (06292021602) (Advocate)     17 December 2015

Thanks Rocky sir.

So should he file case against her only or along with her family members.

Since her family members are also stated the false statements during the proceeding as witness.

adv.raghavan (Advocate,9444674980)     17 December 2015

Criminal defamation against defacto complainant, along with civil suits.Perjury against all those who gave false evidence in court, provided you have document to prove they are wrong and had given false evidence wilfully.  Please have it in mind, he was acquitted only in trial court, in appeal the appellate court may have a different view on the same matter . So it is better to take all these things in to consideration before venturing in to it.

Pawan S (06292021602) (Advocate)     17 December 2015

Sure.
After the appeal period, he is planning to file these cases:

Extortion -- against her + her family members who had given false evidence

Purjury -- against her + her family members who had given false evidence

211 IPC -- against her + her family members who had given false evidence

Damage suit (Civil and criminal) -- against her + her family members who had given false evidence

Please validate once and also could you please let me know the tenure of the appeal period. I guess its 60 days.
Correct me if i am wrong.

adv.raghavan (Advocate,9444674980)     18 December 2015

Is it a private complaint or case instituted by police report.

Pawan S (06292021602) (Advocate)     18 December 2015

Case instituted by police report.
 

AS   19 December 2015

Etka Ji.

Ensure you hit ball at right time . Wait for 90 days after judgement of aquittal is pronounced.

Rest what ever IPC's mentioned above are valid.

Try to read chief and cross of case 5 - 10 times and apply and then see what all else cases can be filled.

Pawan S (06292021602) (Advocate)     20 December 2015

Thanks alot AS.

Could you please let me know, whether there is  any time period defined, in-between which he can file the cases like appeal period?

Regards,


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