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Vinu (executive)     22 October 2012

False allegations

Hi can any one explain about filing a case against false allegations made by a person to fight against a criminal case on him. This affects one's social degnity, creates unwanted stress. what is the legal procedure?



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 4 Replies

Tajobsindia (Senior Partner )     22 October 2012

1. The legal procedure is to get the allegations proved false and then file a defamation case.

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stanley (Freedom)     22 October 2012

you can ask the judge to tell the opp person file an affidivat as regards to the false allegations.and than prove that those allegations are false and file for Pre- jury  U/S 340 Crpc coupled with Mr Tajobs Advise of Defamation .

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Chetan Joshi (Advisory/Advocacy)     22 October 2012

When you prove the allegations false, the image of the person posing allegations goes for a toss....

 

 

If you have a good social image then it works in your favor....Critics have their own value.....But for the heck of it..

 

 

YES! you may file a criminal defamation once you are free from the allegations.....

 

 

Thanx

Goutam Prasad (Advocate)     22 October 2012

The very first suggestion given here is correct. Until you prove the allegation false in court, you have no remedy. First of all you need to defend your self in court get your self aquited from the allegation and come clean. Thereafter, you can file case for defation.

You have also option for filing complaint under section 340, but there are number of supreme court judgements, which prohibits court to proceed under this section in each case. Hence, judge may or may not allow the same, based on his discretion.

Basically 340 is not to get any compensation, it is for convincing court to stand as complainant for filing wrong affidavit with it and hence to get punished the accused after due investigation.

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist.com

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