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False case filled under section 107/151 won in revision


12-Sep-2023 (In Criminal Law)
My inlaws conspired with police for 107/151 & I was sent to Tihar. Gone revision, got in my favour stating "its a biggest blunder by Delhi Police". 1. I filled complaint u/s 200. Judges are changing nothing happening. 2. Filed malicious prosecution accepted by court and notices issued to inlaws. Want to add police officers in it too. What else can I do for getting justice ?
Answers (2)

Answer #1
725 votes
As the court has already issued notice to your inlaws for malicious prosecution, the court needs to decide whether the case is made out or not. the complaint which was filed under 200 Cr pc has been rejected so can approach superior court against that order. you need to write to the IG police before you take any action against the police.
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Advocate Siddhant Sharma

Adv. Siddhant Sharma

LawRato Delhi | 5+ Answers
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Answer #2
771 votes
In such an instance, you may initiate proceedings against the State (which would include the police authorities) for wrongful arrest under a writ petition and also claim damages. It's indeed a glaring error that you were sent to Tihar under Section 107/151 Cr.PC as only under the rarest of circumstances is a Special Executive Magistrate authorized to send you to jail. As for your complaint, you may file an application seeking an early hearing and depending on how the arguments are presented, the judge will be inclined to grant an early date and proceed with the case.
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Advocate Anuj Nair

Adv. Anuj Nair

LawRatoDelhi | 100+ Answers
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