Complaint u/s 211 of ipc
498aVictim
(Querist) 26 September 2011
This query is : Resolved
Hello,
I have following query:
Situation:
Person A lodges false FIR against Person B.
Among other false, vague and improbable allegations, A in his FIR, states an allegation for which Person B has strong evidences and witnesses to prove the falsity of the allegation.
Based on the FIR of A, the police starts the investigation and submits the charge sheet which is the exact copy of the FIR.
Query:
1. Can B file a complaint against A u/s 211 of IPC while the matter in the first FIR (by A) is pending in the trial court OR B has to wait till the matter is decided in the first FIR by the trial court?
2. Complaint u/s 211 is filed with the Magistrate or with the Police?
3. Jurisdiction for filing the complaint u/s 211 - Place of residence of B OR Place of action/incident which is falsely reported by A in his FIR OR In the same court where A filed the said FIR?
4. Does it make any difference to 3 above if B is a senior citizen woman?
5. Time limit to file complaint u/s 211 and from which date the time limit is calculated - Date of FIR lodged by A; Date of Charge Sheet filed in first FIR; Date of Trial Court Judgment; any thing else?
6. To what extent the Prosecution has to prove the falsity of the FIR - Material Facts and Independent Witness? or more?
7. Any landmark judgments in Sec 211?
Thank you.
Sankaranarayanan
(Expert) 26 September 2011
You have to file a Complaint to Magistrate of offence under s. 211, Indian Penal Code-Cognizance.
i hope no diiference senior or woman.
Shonee Kapoor
(Expert) 26 September 2011
1. Can B file a complaint against A u/s 211 of IPC while the matter in the first FIR (by A) is pending in the trial court OR B has to wait till the matter is decided in the first FIR by the trial court?
NO YOU CAN NOT FILE A COMPLAINT U/S 211, IT IS ONLY THE PREROGATIVE OF THE COURT TO FILE SUCH CASE. ATMOST YOU CAN GIVE AN APPLICATION TO THE CONCERNED COURT IF IT FINDS THE FIR FALSE.
2. Complaint u/s 211 is filed with the Magistrate or with the Police?
MAGISTRATE.
3. Jurisdiction for filing the complaint u/s 211 - Place of residence of B OR Place of action/incident which is falsely reported by A in his FIR OR In the same court where A filed the said FIR?
COURT WHERE FIR IS FILED.
4. Does it make any difference to 3 above if B is a senior citizen woman?
NO IT DOESNOT.
5. Time limit to file complaint u/s 211 and from which date the time limit is calculated - Date of FIR lodged by A; Date of Charge Sheet filed in first FIR; Date of Trial Court Judgment; any thing else?
DATE OF TRIAL COURT JUDGEMENT.
6. To what extent the Prosecution has to prove the falsity of the FIR - Material Facts and Independent Witness? or more?
DURING TRIAL, IF THE CASE IS FOUND TO BE FALSE.
7. Any landmark judgments in Sec 211?
CHECK JUDGEMENTS AT WWW.INDIANKANOON.ORG
REGARDS,
SHONEE KAPOOR
HARASSED.BY.498A@GMAIL.COM
prabhakar singh
(Expert) 26 September 2011
Expert Shonee Kapoor has addressed you very exhaustively which needs no addition.
