Legal Question in Criminal Law in India
One of my friend has been implecated in a false case in which he was not directly or indirectly involved in any way. the case was filed u/s 306 ipc. and neither his name is mentioned in the suicide note nor the pw whose name is mentioned as eye witness in the fir has not given the statement against my friend during the trial
question:- can he file a case for compensation against the complainants/ opposite parties who have broken his life was going on very smoothly, if the judgement will be in favour of my friend.
pls advise
3 Answers from Attorneys
this can only be done after the judgment. if the judgment absolves your friend of the charge, a case of malicious prosecution may be made out. otherwise, he may have to file an appeal against the judgment.
Claim of compensation for malicious prosecution is possible only after termination of such prosecution.
Termination of prosecution is possible either by conclusion of case or quashing of matter by superior court.
If he is acquitted then a suit for malicious prosecution lies. For further clarifications feel free to contact the under signed.
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