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FIR against complainant for filing false rape case against me
10-Mar-2023 (In Criminal Law)
A false rape complaint was filed against me and I got arrested. I got bail from HC and now in session court, proceeding is in my favor and already prosecutrix admitted my evidences (email, whatsapp chats, pics, ...) as genuine. Now, I am trying for last 3 months to file FIR against prosecutrix, I.O. and others for extortion, criminal intimidation, conspiracy, etc. with full evidences. The jurisdiction issue is nagging me. Police saying I have to file complaint in Sagarpur PS where FIR was filed against me but I tried to file in Tilaknagar PS where I used to stay at the time of incident and prosecutrix mentioned as place of crime. Please let me know what will be correct jurisdiction to file FIR
Instead of filing FIR why don't you procedure for wrong and malicious prosecution against her which will have far greater impact then what you are trying now.I belive file a criminal complaint in the court where earlier case was going.
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Adv. Amit Gaurav
Delhi | 200+ Answers
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Hello, Place of crime, the entire territory of India is divided into various police stations that exercise jurisdiction over a particular territory. An F.I.R. can be registered in the police station that has jurisdiction over the place where the offence has allegedly been committed.
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Adv. Jayatee Chatterjee
Delhi | 200+ Answers
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Jurisdiction is only a matter of interpretation of cause of action. Now this cause of action can occur entirely at one particular place or it may be partly at one place and partly at another. In your case since you are an aggreived person so some part of action happen at tilak nagar police station jurisdiction also but the police personnel will not go by what you said. You need to take a legal recourse. Also you have other legal remedies/options againat the alleged prosecutrix which we can discuss.
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If your base for registering FIR is only the false FIR against you then you register your fir where the previous fir got registered ,other wise you can file a case fir defamation against her and can claim compensation for filing wrong case
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Adv. Puja Shrivastava
Delhi | 100+ Answers
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You can file complaint as per your jurisdiction and not where the previous FIR was registered against you.Therefore you have all the rights to mention the previous FIR that was lodged against you.But it has to be within competent jurisdiction please contact for further details thanks.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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