In which courts should a false state registered FIR should be opposed

823 votes

Writ of Mandamus may be preferred before respective High court seeking exemplary Damages / Compensation from respective State Government for “malicious prosecution” by the Police.

A Suit for exemplary Damages for Defamation or Suit for compensation for malicious prosecution can be filed against the person who has filed the false complaint, including against the Police.

These are the options which you have.

Please bear inind tha you are required to demonstrate that you were falsely implicated

Advocate Urfee Haider LawRato

705 votes

Well you are saying too many thing in one go, so kindly elaborate the entire picture. By the way, even if a FIR was registered against you, now it is quashed so what is the issue. But still if you do want to pursue the matter these are the various remedies available, but still I need the facts,

If false, frivolous and baseless Complaint is filed u/s 200 before the Magistrates Court, then, the aggrieved person, on the similar grounds as stated hereinabove, may prefer –
(a) a Revision Application u/s 397 before Sessions Court, thereby challenging and quashing of the said Summons / Warrant issued in pursuant to said Complaint; or
(b) a Revision Application u/s 401 before High Court, thereby challenging and quashing of the said Summons / Warrant; or
(c) an Application u/s 482 before High Court, thereby challenging and quashing of the said Summons / Warrant, in the exercise of inherent powers of the High Court.

Having said that the Power lies with the HC, therefore, there is no need and no possibility as the SC has stepped in and that is the end pillar.

Advocate Rohit Kaul LawRato

910 votes

You can file private criminal complaint of defamation under section 499/500 of IPC before Magistrate and limitation period is 3 years, further you can file complaint against the police officer(s), who collude with the party to frame you in frivolous case.

Advocate Anil Upadhyay LawRato

576 votes

As the FIR has been quashed by the Supreme Court,you can file a case for malicious prosecution in the High court if you don't get relief there then move to SC which is unlikely to happen as Supreme Court has in number of decision s suggested to punish the police officers for lodging false FIRs against individuals for malicious prosecution.

Advocate Kapil Hooda LawRato

945 votes

If the FIR is quashed then that order in itself would support your contention of malicious prosecution. You can make an application/ petition in SC and if they are not willing to hear it just seek for an order by which "the parties are at liberty to approach the appropriate forum" been mentioned in the order so passed.

Advocate Ramaditya Tiwari LawRato