after deschaging can accused filed a suit for compensation
darshan
(Querist) 26 February 2010
This query is : Resolved
I have contested the matter before charge and taken cross examination and argued at the time of EBC.
after hearing argument the Hon'ble court find that no charge is framed in that complaint and discharged the accused person.
Now I want to know that whether the aquital (accused) person can filed a complaint for defamation and can he also claim for compansation for this false complaint?.
Please advise me.
Arvind Singh Chauhan
(Expert) 26 February 2010
Accused can request court to proceed against the accused under Sec 340 Cr.P.C. for punishing him under 211 IPC. He can also institute a suit for malicious prosecution asking compensation for the same in Tort in civil court.
Adinath@Avinash Patil
(Expert) 26 February 2010
ACCUSSED CAN INSTITUTE A CIVIL SUIT FOR FALSE MALICIOUS PROSECUTION ASKING FOR COMPENSATION AGAINST COMPLAINANT.
Parveen Kr. Aggarwal
(Expert) 27 February 2010
A person acquitted of the charges in a criminal prosecution can sue for compensation for his malicious prosecution but for succeeding in such a suit, it is a pre-requisite that the plaintiff proves that he was prosecuted with mala fide intention.
