Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 30 January 2009

How to lodge a complaint u/s 182 IPC

Hi Friends,

I seek your help in this matter.

If a person has been acquitted in any criminal case and wants to lodge a complaint under section 182 IPC against the complainant. What are the options with him.

What if the police is not ready to file the case u/s 182IPC against the complainant?

How and under which section can the person approch the court to get justice for himself.

Regards,

Shoneek

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14 Replies

Rajendran Nallusamy (Advocate) 30 January 2009

It is better you file a private complaint under section 200 cr.p.c. Also you can file charge hims for malicious prosecution.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 01 February 2009

You mean I can club 182 with other sections like 504 and 506 too

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 01 February 2009

Please see this:

https://indiankanoon.org/doc/1250923/

In the instance case; in Jinander Mann vs State And Ors. on 20/2/2007, the High Court has stated that start of summoning under CrPC 200 for alleged crimes u/s 182 is vitiated and hence liable to be quahsed.

Now does that mean that a person has no powers to move private petition for the false crimes for which he has been acquitted, if the concerned Police Officers are not doing enough to file the complaint.

Regards,

Shonee Kapoor

PALNITKAR V.V. (Lawyer) 01 February 2009

There is bar of Sec. 195 of Cr.P.C. Hence, you can not file private complaint for offence u/s 182 of IPC

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 02 February 2009

Sir,

Does that mean a person is remedyless, if the concerned Police Officer is not willing to file a complaint?

Regards,

Shonee Kapoor

Parijat Kaul (Consultant) 19 February 2010

Can a complaint be lodged against an advocate found to have a hand in a false affidavit filed by his/her client under Section 182 & Section 209?

a.b.natraj (inicitar) 29 January 2012

Does that mean a person is remedyless, if the concerned Police Officer is not willing to file a complaint? sir i am very much have this question then what to do ? can move before high court u/s 482 cr.p.c to get direction against police office to file case u/s 182 against the compliant?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 30 January 2012

This thread is closed.

yes, he is remedyless :-(

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Munirathnam (Scientist) 24 June 2013

No, file complaint against the police U/s 166, 217 and 218 of IPC ....if police do not register case against the false information suppliers.

Aashish George (lawyer) 24 June 2013

is he? i have heard from a few seniors that we can go for writ of mandamu, dont know how true it is? but dont you think its worth a shot?

498_final stage (Professional) 20 September 2013

Mr Shonee,

Do you have answer to your own question now which you raised 4 years ago??/

Sarvesh Kumar Sharma Advocate (Advocacy) 20 September 2013

file an application before the court regarding the 182 ipc is totally discretion of the court to find fit case under this section!

Shantanu Wavhal (Worker) 21 December 2013

my wife gave false information to police.

i m filing an application to police for filing complaint against her.

police may file complaint / may not file.

but I HAVE TO RELIEVE MY BURDON of informing the police .

here, it has to be kept in mind that -

Limitation period is 1 year

Attached File : 516884205 harbhajan singh bajwa vs senior superintendent of police, ... on 18 april, 2000.pdf downloaded: 521 times

sandeep (IT Technical Support) 08 March 2014

Hi,

My wife is earning 20K + / Month and filled a case under IPC 125 in her city family court and asked 15k / Month.. And make a false affidavit that she is not earning anything.

As she has read our answer stopped coming into court and the case is about to be refused by the court.

Can we file a case under IPC 182...? If yes, where and how?

Thanks,

Sandeep