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Can presiding officer ask compensation from the party for harassment?
20-Sep-2023 (In Recovery Law)
An affected part to the dispute has been filing complaints against a presiding officer for many years in one garb or another just to take revenge for an adverse order. The order has become final as the party didn’t chose to appeal it because the order was passed on solid grounds.
Can the presiding officer seek compensation from the party for harassment and meeting out legal expenses in engaging lawyers to file replies in various courts?
Firstly, you will have to mention the nature of the complaint, that means whether it is civil or criminal, accordingly we can advise you.
Further, if the complaint is filed against the public servant in respect to the public function which is false and defamatory, then he can file a complaint under Section 500 of the Indian Penal Code. Section 500 of IPC is reproduced here under:
Punishment for defamation—Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Further more, the Indian Penal Code, 1860 (IPC) also provides for criminal prosecution against persons making baseless complaints leading to registration of a first information report (FIR) by the police. Section 182 of the IPC provides for punitive measures against a person who makes baseless complaints by making false representations to a public servant.
In view of the aforesaid, yes the presiding officer can file a case, if the same is false and frivolous and seek compensation.
However, all depends on the facts of your case, so you will have to provide us with complete facts, to provide exact legal solution.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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