Help Regarding 182IPC
Shonee Kapoor
(Querist) 02 February 2009
This query is : Resolved
Dear Sir,
I am a relatively new member at lawyersclubindia forum. I have been impressed by your knowledge and sharing on the forum. However, there is one particular question, on which I have not got satisfactory reply, hence bothering you over PM.
I have been fighting a case u/s 498-A/ 406. I have also been charged with various other cases like 506 and assualt on multiple times after filing of 498-A case. The reason for the same is that I have refused their demand of Rs. 25 Lacs for settlement and am fighting 498-A case on merit.
Recently I have been acquitted in one case of threatening, physical assault and attempt to snatch the child along with another case under Domestic Violence.
I want the police to act under 182IPC for the wrong information given to them to file these other cases against me. However, the police is not acting on it. And on the top of it, they have lodged another complaint of threatening and physical assault.
I have been given to understand that I can not lodge a private complaint under 182IPC as CrPC 195 bars it. Does that mean that I am remedyless against their false complaints, if police does not lodge a case against them.
And if I am remedyless would I keep on fighting successive cases of 506 and 323? Is there no remedy against it.
Your valued opinion would be very helpful.
Regards,
Shonee Kapoor
Manish Singh
(Expert) 02 February 2009
dear Shoneek, I understand the pain you are going through but matter of the fact is that private complant cant be enetrtained by magistrates under sec 182 as it is barred by sec 195 CrPC. but alternately you can make written complaints to senior officials of the police department who can initiate actions under sect 182. but the best remedy for you is to go for a complaint under "malicious posecution" where you will be given a fair justice. this malicious prosecution says that if you are wrongfully enatgled into criminal cases then after the adjudication of such case, you can initiate action against the complainant for malicious prosecution. i would like to put some other words also like if they are again filing cases against you like threatening or so, better move an application under sec 482 of the Crpc to the High Court for quashing such frivilous complaints as showing proper evidences like earlier didmissed complaint of threatening and all. all the best, manish
smilingadvocate
(Expert) 05 February 2009
Mr Shoneek you can approach the concerned DIG or the commissioner and explain the total facts or approach the High Court and seek quash as if it is a false case then there are chances to get the same quashed.
Hiralal Das
(Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
