False fir
ganesh kumar
(Querist) 10 March 2015
This query is : Resolved
'A' has lodged a false FIR against 'B'. In the investigation it has been revealed by the IO before the concern Magistrate that the FIR is false. Can B bring a defamation under criminal proceedings against A at this stage? Final report has not been filed but likely to be filed very soon.
Is a criminal complaint for defamation is maintainable?
what are the other remedies for B against A.
T. Kalaiselvan, Advocate
(Expert) 11 March 2015
Wait for the final report to be submitted before the court and the outcome by the court then you can decide about the same.
Dr J C Vashista
(Expert) 11 March 2015
1. Wait and watch till final orders from the court.
2. See the order and proceed against the action taken by complainant and police, criminal (malicious prosecution)and civil defamation is maintainable if you can prove lodging of the FIR vis-a-vis action taken is false, fabricated and concocted against you.
P. Venu
(Expert) 11 March 2015
You can seek compensation under Section 250 CrPC from the trial court itself.
Guest
(Expert) 11 March 2015
Until proved false during trial and court judgment reveals so, any defamation case will be premature.
ganesh kumar
(Querist) 11 March 2015
To Mr. P S Dhingra:
No question arises for trial as the final report will end the investigation and FIR will be canceled. Police in their status report categorically submitted in written that the complaint is false. It may be possible that the complainant may file protest petition against the final report. Till then what I have to do.
Guest
(Expert) 11 March 2015
Dear Mr. Ganesh,
If the final report will end the investigation and FIR will be canceled and the magistrates closes the case, you can go ahead with the defamation case, but still after closure by the magistrate, before whom the report was presented.
ajay sethi
(Expert) 11 March 2015
agree with dhingraji
T. Kalaiselvan, Advocate
(Expert) 11 March 2015
It again depends whether the defacto complainant raises objection against the closure and pursues the case through private complaint, wait and watch situation is the better option for now.
R.K Nanda
(Expert) 11 March 2015
not maintainable at this stage.
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MUKUND KUMAR
(Expert) 15 March 2015
Querry is well advised resolved by Mr dhingra.
