Remedy against complainant after complaint was dismissed by court

Question

Remedy against complainant after complaint was dismissed by court

11-Apr-2023 (In Criminal Law)

Istighasa / complaint was dismissed by court saying that no prima facie case is made out. Whether I should prefer criminal case u/s 211, 500 IPC or file civil suit for claiming damages ? Whether independent witnesses are necessary when documentry evidences are available showing that the complaint was false ?

Answers (2)

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Advocate Nitin Thatai LawRato · Accepted Answer · 2016-04-12T03:55:00+05:30

If the complaint was dismissed by the Court then you can also file a Revision Petition before the Appellate Court and thereafter you can also approach the High Court. Once the complaint was dismissed by the Court, there are very bleak chances that another complaint would be entertained by the Court on the same cause of action.
Regards
Nitin Thatai

Advocate Rohan Mittal LawRato · Accepted Answer · 2016-05-02T09:02:22+05:30

You could file a case under sections 211 and 500 of IPC and file civil suit for claiming damages both at the same time as civil proceedings are completely independent of criminal proceedings and can be pursued simultaneously. Documentary evidences are the best form of evidences however if it can be corroborated with witnesses then nothing like it. It will do no harm but in fact only make your case stronger.

Remedy against complainant after complaint was dismissed by court

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Adv. Rohan Mittal

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Remedy against complainant after complaint was dismissed by court

Adv. Nitin Thatai

Adv. Rohan Mittal

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