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Surjit Singh   05 June 2022

filing petition under 156 crpc for registering case under 182 ipc

when an FIR is filed before police for cognizable offence against 3 person. In the submission of report before Magistrate the police found no evidence against 2 persons, and file chargesheet against only one person, in that case can the 2 persons file a complaint under 156crpc before Magistrate praying for registering a FIR under 182 ipc against the so called victim, because the section 195 crpc bars taking of cognizable by magistrate untill the complaint is filed by public servant.


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 1 Replies

Mahi Manchanda   25 June 2022

Hi,

Yes - if the victim has made false charges against you, you can file a case under section 182 of the indian penal code.

IPC Section 182: Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant -

A) To do or omit anything which such he ought not to do or omit if the true state of facts were known to him, or

B) To use the lawful power of such public servant to the injury or annoyance of any person.

You can also file a case under section 211 and section 499

Section 211: Whoever intentionally causes injury to any person, institutes or causes to institute any criminal proceeding against the person by making/fabricating false charges knowing that there is no lawful ground or proceeding against the person, shall either be imprisoned for a term up to two years or with fine or both.

Section 499:  Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said to defame that person.

I hope this aanswers your question.

Have a good day!
 


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