Can I file a case for false and malicious prosecution

685 votes

You may file a criminal complaint against malicious prosecution before the same trial court which dismissed criminal case against you, however you need to see the judgement if you have been acquitted only on the ground that prosecution was not able to prove your guilt beyond reasonable shadow of doubt, and hence on benefit of doubt you have been acquitted, in such case you may not be able to bring complaint against malicious prosecution, otherwise you may. You can also seek damages on account of loss of reputation if no case was made out against you, if this finding has been given by court in your favour. More more detailed advice, you may contact me, with specific details of the case..

Advocate Vivek Nasa LawRato

509 votes

Yes, you can file a case and claim damages from the person who impleaded you in a false case. The case would a criminal case under Section 499 of the Indian Penal Code under the head defamation.
Regards
Nitin Thatai

Advocate Nitin Thatai LawRato

660 votes

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.

Advocate Rohan Mittal LawRato