malicious prosecution and delay
Querist :
Anonymous
(Querist) 28 June 2010
This query is : Resolved
Sir,
A neighbor of mine while constructing his house filed a false private complaint case on us u/s 147, 427, 451 Of IPC. The trial lasted full ten years. Where he had made deliberate delays in order to harass us and to encroach our land, ultimately they succeeded in their plan. Also due to this we sold that land at distress price.
Complainant was going for revision against every order passed. Every where every hon'ble judges passed remark against the complainant, that it has been filed for mere delaying purpose.
In the last revision petition the Hon. ADJ has written in the last order that-
“The petitioner has filed revision for delaying the proceeding and liable to be dismissed. It has also appears from (the perusal of the case record) time to time the Complainant has filed successive revisions application in this case on trivial matters. ”
Also all the Hon. Judicial Magistrates who have gone thro’ the proceeding have written strong remarks against the complainant that prosecution is delaying the case unnecessarily over trifles, which is defeating the purpose of justice and is only intended to harass the accused. Lot of remarks is in favor of us. In the judgment, the Hon. JM has observed that prosecution has failed miserably to prove his case.
I was suggested to go for damage suit and file a case for malicious prosecution. Even I served the notice to the oppo party. But due to serious illness of my wife I failed to follow the case. Ultimately she died, which put us in trauma. After one year I tried to follow the case but my advocate suggested that delay will not be condoned, so it will be waste. Also I too used to suffer from many diseases so I left. My age is 74yrs. Now some advocates suggest that court is liberal in this view so delay will be condoned.
Is the case is fit for malicious prosecution? If yes, then.
In this case what should I do? Will the delay of 4yrs be condoned?
Do we any other proof apart from documentary evidence since he was constructing without any passing of plan from municipality?
Plz. Suggest
Thanking all of You.
Prakash Langalia
(Expert) 28 June 2010
in my view limitation for filing of the suit for damages in case of malicious prosecution is one year from the date of verdict of the hon.magistrate. in your case there is delay of 4 years. courts have no power to condone delay refer section 3 of limitation act.
Querist :
Anonymous
(Querist) 28 June 2010
Sir,
Some advocates says that if case has merit then court may consider. Here do case has any merit or not?
Uma parameswaran
(Expert) 29 June 2010
A fit case but long delay .Better leave the matter by considering the delay ,your age and the expenses.
Surender Dhull
(Expert) 29 June 2010
there is limitation of two years for such type of cases instead of one year.
Querist :
Anonymous
(Querist) 30 June 2010
Judgement has been pronounced on august 2006
