False complaint of sexual harassment by a woman librarian
Sunil Kanwar
(Querist) 20 September 2019
This query is : Resolved
Six years back a woman school librarian filed a false case of molestation and charged my wife (School Principal) also as co-accused for not investigating complaint and sheltering the accused (Manager School). This was done by her to pressurise school authority, not to proceed with the stock taking of the library where 4000 books were found missing.
She did all this on the advise of an lawyer who is close to her and is assisting her in court now also. She (Librarian) never complained incident to school principal or local police in writing at the time of happening. as it had never happened. Rather the case was created by sending false telegrammes/letters to CJI SC , CJ HC , CBSE, President of India , news paper and others. It is since 2012 that case is going on in the court of CJM and the complainant could not produce any witness or document in court eastablish his charge. The court is on the verge of closing case.The court has also understood that case is false. During this period previously , the complainant and her laywer has also contacted us and offered us to remove my wife's name from the complaint on the condition that we should speak false against school authorities and bocome his witness. We refused . Court is on verge of closing case, but the complainant advocate who is the kingpin of framing this case keeps filing revision applications against gimny orders of CJM to Session court. Regular efforts are made to delay the case by the complainant lawyer to the extent possible.. There is no doubt that it will be closed sooner or later.
I want to know , Is there any law under which we can file suit against this false case framed against us and what is punishment given to such people by the court. Any other detail required shall be provided.
Thanks.
S K
Isaac Gabriel
(Expert) 21 September 2019
You can file quash petition in the High Court, since it is prolonging for the past seven years.Also you need not bother about the petitioner moving heaven and earth. Further, you can claim compensation for the false complaint and consequences.Consult lawyer and proceed .
Adv Shailendra Deshpande
(Expert) 21 September 2019
Given on above facts, it is possible to file case for Malicious Prosecution and/or Defamation under IPC. But you need to wait so current case must be ended in clear acquittal of defendants/accused.
Adv. Vaishali Harish Gore
(Expert) 21 September 2019
does complaint of missing of 4000 books were filed?
any evidence against the lady?
if the answer of both the questions are no then do not file any complaint instead let the matter be resolved.
Dr J C Vashista
(Expert) 23 September 2019
Wait for the verdict in complaint case against you and after considering the judgment/order proceed through your lawyer, who is well aware about the facts and circumstances of the case and an able, competent and intelligent person to guide and proceed.
It shall be inappropriate to oblige you on the basis of limited facts posted by you in this query.
If you feel for a second opinion it would be advisable to consult a local prudent lawyer for better appreciation of facts and guidance.
