Legal Question in Criminal Law in India

Re: false case

Police can proposed action against person giving false complaint.

Alternatively, any person can approach the court for action in respect of false complaint.

Re: false case

No it is not mandatory on police to take action for false complaint. The accused can take action.

Re: false case

Ater investigation, if the police finds that the case was false, a report under section 173 of CR. P.C. is required to be filed in the Court of trial Magistrate.

The Magistrate may accept OR reject this report and direct re-investigation by same or higher agency.

If the report is accepted by the Magistrate, you will be discharged from the case.

However, the complainant/petitioner is entitled to file a 'protest petition' objecting to the report made by the police in your favour. In that case, he may pursue his complaint in the court as a 'private complaint'. He will be entitled to lead 'preliminary evidence'. The court may, after perusal of this evidence, summons you to face trial.

Thus the police report is not final.

If the police report is accepted and no protest petition is filed, then only you may initiate proceedings against the complainant for lodging a false case against you.

In our opinion you should try to avoid any further litigation. If the police report is accepted, you should end up the matter there.