Hi,

You have to file the case in the court where the people who initiated this case against your brother , reside presently .

2. This means the case has to be filed where the opp. party live and their jurisdiction.

3. You should engage an advocate who is an expert in this field and initiate legal proceedings with a private complaint before the magistrate.

Kerala High Court reported in" Ahmed Kutty Vs. State of Kerala (AIR 1963 Kerala 152)", wherein it has been stated that the mere statements of facts or communications of suspicions cannot amount to institution of criminal proceedings within the meaning of Section 211 IPC and His Lordship has went on to hold that the ingredient of the offence is to the effect that the prosecution is bound to prove that the charge was wilfully false to the knowledge of the maker of the charge.

the Nagpur High Court reported in "Ganpatram Dinaram Agarwal Vs. Mt.Rambai (AIR (37) 1950 Nagpur 20)"

Section 211 deals with two distinct offences:

(i) Actually instituting or causing to be instituted a false Criminal Proceeding against a person;

(ii) Preferring a false charge against a person for having committed an offence.

To constitute an offence under Section 211 the ingredients are

(i) The accused instituted or caused to be instituted a criminal proceeding against a person;

(ii) He falsely charged a person with having committed an offence;

(iii) He did so with intent to cause injury to such person;

(iv) He did so knowing that there was no just or lawful ground for such proceeding or charge

The offence under Section 211 is non-cognizable, but warrant should issue. It is bailable, but not compoundable, and is triable by Court of a Magistrate of the first class.

1. Instead of resorting to section 211 you may file a case for defamation against the person who misused the instrument of law to harass you.

2. You may in addition to prosecuting him for defamation, also claim heavy monetary damages for the loss of reputation.

3. The case is to be filed at the place where the criminal case was lodged against you, or where you resided at the time of the filing of the complaint of theft against you.

4. You do not need any previous judgment. Every case is special on the face of its own merits.

5. The procedure is to engage a lawyer, show him the judgment of the criminal case and then file the case. You can claim compensation for the loss which was occasioned to your reputation due to the filing of the criminal case against you. In addition thereto you can file a criminal case for defamation against him.

A lawsuit will have to be filed to claim compensation, whereas a criminal case can be filed to prosecute him for defamation.

You need evidence, not a previous case verdict to stand on your legs in the court.

Hi,

1. If you are filing under 211 the order will be in terms of fine/compensation, in your private complaint before the magistrate this can be your prayer.

2. If a 211 ipc case is initiated then defamation chances are less ., however you can chose to go ahead with defamation after considering the facts with sufficient caution, as you have incurred a loss of dignity and money.

3.The citations which you can refer to:

is a supreme court ruling in

a." Abdul Rehman & Ors vs K.M.Anees-Ul-Haq on 14 November, 2011"

b.. "KAMLAPATI TRIVEDI V. STATE OF WEST BENGAL [1978] RD-SC 256 (13 December 1978)"

c. " Santokh Singh vs Izhar Hussain And Anr on 25 April, 1973

Dear Querist

you may file a criminal case against him before court u/s 211/499/500 of IPC along with section 182 of IPC. Because these sections are non-cognizable so police can not take any action against the complainant who filed the false case against you and your family.

apart from this you may file a civil suit for defamation against him before civil court and claim the compensation as per your reputation and harassment for malicious prosecution.

1. You shall have to file the case before the Court who heared the case filed against you,

2. Engage a local lawyer and file the said case based on the court order passed in favour of you,

3. You shall have to decide about the amount you shall claim towards compensation for your mental agony, torture etc.

you can file criminal case against him under section 211 and 500 of IPC. you must file defamation case and claim your compensation on mental agony which you have been faced in throughout the proceeding. change of forum at this stage shall cause problem to you because all record of evidence is in the court and you no need to bring it in the court and concerned court has power to take judicial notice of the case if case is filed in the same court. so please don't change the forum at this stage. in defamation proceeding which resulted out to the filing of false case need not to personal appearance of claimant. so you can pray under section 205 cr.p.c. for dispense of personal attendance in the. court.