Hi, I have some doubts about filing malicious prosecution case. Me and my family residing at a house since 1974. My father paid some money for the property and it's about more than 80% of the price. The owner of the property at that time was my father's first cousin so no written agreement was executed. But they decided to execute the deed at the time of the payment of balance amount. Unfortunately it didn't worked out. In the year 1999 he filed a case in the rent control court for eviction. In that case he said that the money he received was on security deposit and he allowed us to residing in the property since 1989. We denied his title and proved (with the help of municipal assessment register and voters list from Thaluk office) we are residing there from 1974. The High Court dismissed the case on 2011.
In the year 2005 a third party bought the property and execute sale deed. In 2006 I renovated the building and cut two teak trees in the premises of the building, they stayed the renovation and cutting of trees. Fortunately on our petition, after a week the injunction was dismissed by the same court . In their sale deed the pre owner specifically stated that he has no obligation or responsibility to evict the resident's ( I don't know is it the exact word in English, He don't mention us as a tenant or lessee he state that "the person who living in the property"). In 2006 they also filed a criminal complaint against me and my father alleging that we trespassed and stolen their trees they also state that the land was under their possession. They filed this petition under IPC 190 and charged IPC 447, 427, 379 r/w 34 sections. Before they filed this petition the RCOP filed by the pre owner was dismissed by Rent control court, admitting our denial of title is bonafide and there is no land lord tenant relationship and asked them to approach munsiff court for declaration of title. All the allegations in the criminal complaint are false and we can prove it by documentary evidence. The case was now pending before 1st class magistrate court ( they stayed the proceedings before the high court for four years). They are not ready to appear for trial. Now my doubts are:
1. Can I file a case under IPC 191, I approached several advocates and they don't know more about that section they said that IPC 191 covers only the statement given before the court at the time of trial. Is a criminal complaint a statement or is it only an allegation ? Is there any decision interpreting 191 covers only the evidence giving at the time of trial or it covers all the statement including a criminal complaint ?
2. Can I file a case under IPC 211 before their case was dismissed ? Now I don't want to file a damage suit under malicious prosecution act. I only want to file a criminal complaint under IPC 191 & 211. Some advocates says that there must be a finding in the judgement that the case was charged with malicious intention.
Pleas help me.
Thank You.
