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V Kumar Singh (Executive)     01 March 2024

False case

If A files a false criminal case against B, with serious charges. Subsequently, B wins the case. Can 'ONLY' B proceed against A (false accusations, sec 37, criminal defamation, etc, if B so wishes) ? Or the court itself, taking into cognizance the false allegations, begin proceedings against A?


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     01 March 2024

If it  is a police prosecuted case and if the accused was acquitted then it is clear that the prosecution failed to prove the charges beyond doubt therefore there are no chances even for taking action against the police for ,malicious prosecution.

No defemation case is maintainable against the defacto complainant. 

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