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Wrong fully sent to jail and a case of defamation
14-Jun-2023 (In Criminal Law)
A person filed a wrong case against me in ipc 436 but I was not guilty as police force, fire Brigade and tehsildar were present there and there reports are in my favour that I have not cause any fire and the person himself(who filed against me) has burnt his home and as police has not register any fir he made the hearing by 156(3) and court order me to come to court but I did not go and after that I surrender myself in court before the date mention. And during trial dj asked my criminal history and keep the date after one week due to which I was send to jail and at next hearing I was given bail due to this incident there is a huge loss in my fame power and reputation and me and my family remain mentally upset what case should I file against that person so that he cannot get bail and be sent to jail. As I have provided all the report of higher authority which are in my favour plz help me
Dear querist,
You can definitely file a case against the person who has filed a frivolous complaint against you and it has damaged your reputation at large which will be either civil defamation or criminal defamation. But, one thing is to be seen first, as to at what stage is your proceedings are. If the case is completed we will be filing a malicious prosecution complaint or any other suitable case to bring him behind bars.
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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it's so unfortunate that something like this happened with you. in such circumstances you need to go for quashing of the case first of all and thereafter go for defemation suit and criminal defemation case agains the wrong doer.
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Adv. Harshit Jain
Delhi | 100+ Answers
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hello client as i can see your query is concern is very much mentAl stress as well as loss of reputation which you have faced is really very much difficult to see. in this matter surely i will help you in this matter yes offcourse you can file case against tht person who have filled false case against you in fact you can also file case against person as well your FIR can also get finished up from help of high court itself so you can also get free from your case even.
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Adv. Vishwanath Pratap Singh
Delhi | 1000+ Answers
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given the facts of the case there are a few legal options available to you. however as far as putting the person behind bars in a non bailable offence would be difficult given the facts of your case. more facts and details would be required.
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Adv. Kawaljit Singh Bhatia
Delhi | 25+ Answers
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This is a serious case of misuse of law. Supreme Court is very strict on this and has already passed various guidelines to ensure the same.
You can move with criminal defamation as well as intentionally making wrongful claim.
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Adv. Prashant Vaxish
Delhi | 400+ Answers
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In this case, you have to approach a local lawyer for further help. If you have been released on bail, it doesn't amount your discharge. Your case is still pending. You can file a case for defamation and for malicious prosecution once your acquittal is made. You could have taken Anticipatory bail prior to going jail but you have not opted so. Therefore, engage a good lawyer and take paid Consultation to avoid further problems. Thanks and Regards.
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Adv. Harbansh Kumar Chaturvedi
Delhi | 50+ Answers
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