Action against complainant if does not file protest petition in closure case

[Anonymous]

My wife filed 498A IPC against me. I filed complaint under 406 IPC against her since she had taken away my mother’s jewellery also. But the police did not take action so I filed 156(3) application. I learn that police has completed investigation and may file closure report saying false case. Problem is my complaint was after 498A complaint by wife and therefore police is not trusting me and I don’t have independent proof for my complaint. Only our family members statements are there. Is it necessary to file protest petition in this? If I don’t file protest petition, can the court take action for filing false complaint?

[Dr. Ashok Dhamija]

It is not necessary that the complainant should file a protest petition when the police file a closure report or final report in the Magistrate court on completion of the investigation.

Moreover, whether or not action should be taken against the complainant for filing a false complaint, would depend more on the evidence to show that the complaint filed was a false one, and less on whether the complainant filed a protest petition.

However, since it is your own complaint and you have said that there is evidence of your family members to support the complaint, you may file a protest petition, if needed, if the police files a closure report. After all, it will strengthen your case directly or indirectly.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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