Legal Question in Criminal Law in India

false FIR

false FIR u/s 509 was made and trial took place for five years but court accquitted and gave written order that FIR WAS LODGED BY MOTHER OF GIRL through her daughter and prosecution failed to prove anything against accused therefore defence is not required and accused is accquitted. can action be taken against false police wittness/IO and mother of girl u/s 120b , 167, 211, 193, 342, 355,385,500,504 , 506 of INDIAN PENAL CODE as arrest was made and fundamental rights were curbed illegally. please tell what is proper course of action as financial compensation is also needed to rehabilitate, as coaching centre closed due to false charges which were published in news papers too.

URGENT HELP NEEDED .


Asked on 7/20/07, 10:16 am

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: false FIR

You can initiate both, criminal and civil action.

More appropriate terminology is malicious prosecution.

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Answered on 7/29/07, 5:11 am
mrugank patnaik msnp

Re: false FIR

damage can be claimed for malicious proscution against complaint.

success depend upon evidence.

case should filed ,at least to raise the public image .

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Answered on 7/20/07, 10:34 am

Re: false FIR

You may file complaint for false prosecution and can also claim damages/compensation for your all sufferings due to false prosecution both against mother,girl.Contact with details.

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Answered on 7/20/07, 1:14 pm
G. M. Gupta gmguptaandassociates

Re: false FIR

you can file complaint for malafide prosecution, false statements, wrongful loss, damages and compensation.

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Answered on 7/20/07, 1:34 pm


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