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False allegations False FIR filed


03-Oct-2026 (In Criminal Law)
If an FIR is filed against me under 8 different sections and during filing of the Charge Sheet 4 of the most grievous sections are dropped by the Police. Am I eligible to file a False Case against the complainant.
Answers (2)

Answer #1
796 votes
Until and unless the case is fully quashed or you are discharged from all the sections, you cannot initiate any civil actions for filing a suit of malicious prosecution, but definitely you can choose to file a counter FIR against the accused.
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Advocate Shubham Agarwal

Adv. Shubham Agarwal

LawRato Howrah | 50+ Answers
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Answer #2
500 votes
Mere dropping of certain sections from the FIR at the stage of filing the charge-sheet does not, by itself, establish that the entire FIR was false or malicious. However, if it can be proved that the complainant knowingly made false allegations, fabricated facts/documents, or initiated criminal proceedings with a malicious intention and without any lawful basis, appropriate legal remedies may be available. Depending on the facts, one may consider proceedings for giving false information/false charge, defamation, or other applicable offences, apart from appropriate relief before the competent court. The mere fact that some sections were dropped is not sufficient; the investigation record and the circumstances in which the allegations were made are crucial.
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Advocate Atanu Patra

Adv. Atanu Patra

LawRatoKolkata | 50+ Answers
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