Who's obligated to file criminal complaint against complainants

515 votes

If the court finds the FIR and complaint to be false, it will not automatically file a case against the complainant or witnesses. The discharged defendant must file a complaint for malicious prosecution or perjury under relevant sections of the IPC, such as Section 211 for false charges or Section 182 for giving false information to public servants. It is advisable to consult an advocate for further proceedings.

Advocate Devang Manjrekar LawRato

957 votes

Dear client based on your question, If the defendant has been discharged by the court due to the submission of video evidence providing falsehood of the complaint. If the complaint caused harm to the defendant's reputation, a separate defamation suit under Section 356 can also be filled we can help you regard the procedures and help you in Legal ways for which you can contact us .

Advocate Kalpana Sanap LawRato

667 votes

No the Court suo moto may not take any cognisance against the complainant. However now the Court has passed an order of acquittal in your favour; based upon which you are at liberty to proceed against them for malicious proceeding before the same Court.

Advocate Rahul Pardeshi LawRato

887 votes

If the court has discharged you based on the evidence, such as video proof that demonstrated the falsity of the allegations, it is possible to take action against the complainant and witnesses for filing a false case. However, the court will not automatically initiate such proceedings unless specifically directed. To proceed, you can consider the following steps: File a complaint under Section 211 of the IPC: This provision deals with false charges intending to cause injury. You may file a separate complaint against the complainant for malicious prosecution. File a complaint under Section 340 CrPC: If the witnesses gave false evidence during the investigation or proceedings, you can file an application under Section 340 of the CrPC in the same court, requesting it to take cognizance of offenses like perjury (Section 193 IPC) and initiate proceedings against the complainant and witnesses. Seek compensation for malicious prosecution: If you faced harm or damages due to the false case, you can file a civil suit for compensation. It’s advisable to act promptly and consult an advocate to file the necessary applications or complaints. Let me know if you need assistance with drafting or representation.

Advocate Kiran Ashok Gangurde LawRato

939 votes

Discharged Defendant has to file a Complaint against the Complainant for filing the false Police Complaint on the basis of which, false , wrongful and unlawful FIR got lodged, which has harrassed the Discharged Defendant or Accused a lot and on the basis of which, Discharged Accused or Defendant can file a Police Complaint of lodging false FIR against him by the Police on the basis of false Complaint of Complainant and get that Complaint converted into FIR by Police against its own Police Officers and Complainant for hatching a Criminal Conspiracy to put Discharged Accused or Defendant behind bars.

Advocate Pankaj Bajaj LawRato