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Private complaint under section 200 for offence under IPC 211
20-May-2023 (In Criminal Law)
Husband wants to file a case under section IPC 211 against a false FIR that has been lodged against him in a matrimonial matter. Please refer to the judgement at http://judis.ic.in/supremecourt/imgst.aspx?filename=38846.
Is such a case maintainable and where it could be filed. Can it be filed at the place where husband resides or at place where the FIR is lodged., Consider the powers of high Court to adjudicate on matters that are partly committed under its jurisdiction and partly under other high courts jurisdiction needs to be looked into.
Untill the investigation is pending arising out of FIR, such complaint is not maintanable , being pre mature in nature. Since no proceedings before any court is pending. The truthfulness of the FIR is to be investigated by police and if he found it false then he may file final report in respect of husband and may even Lodge a complaint u/s 182 crpc before court concern against the complainant for giving false evidence ie FIR. However in case he finds Allegations in FIR to be true he will file chargesheet.
Moreover if he files final report then the husband's right to file such complaint arises because there is proceedings pending in court which is adjudication of final report.
Moreover if he files final report then the husband's right to file such complaint arises because there is proceedings pending in court which is adjudication of final report.
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Adv. Anuuj Taandon
Lucknow | 25+ Answers
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Surely you can take legal action if ny complain such filed falsely against you as its a wrong done against you for which you liable to sue him.for any further action you can contact me and fix a meeting. For sure all assistance would be given to you.
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