I have already explained in my previous two answers (see, here and here) that while exercising powers under Section 149 of the Cr.P.C., the police is acting NOT on the basis of any cognizable offence actually committed already, but in order to PREVENT a future cognizable offence.
Therefore, action under Section 149 Cr.P.C. is not for an offence. As such, it is not a record of any FIR filed against you.
At the same time, if complainant (who gave report against you to the police) has himself accepted the fact that he had given a false report to police against you, you can bring this fact to the notice to the police and the matter against you can then be closed. This is the easiest way to remove your name from the records.
Defamation (as defined under Section 499 of IPC) has a complicated detailed definition, with several explanations and exceptions. But, generally speaking, if a person makes any imputation or accusation concerning somebody intending to harm the reputation of such person, it may amount to defamation, punishable under Section 500 IPC, subject to certain exceptions. Therefore, the offence of defamation may be possible against the complainant, depending on detailed facts of your case (i.e., whether it falls within any exceptions, etc.).
At the same time, there is another offence under Section 182 of IPC ["False information, with intent to cause public servant to use his lawful power to the injury of another person"] which might have been committed in the present matter (may be some other offences under IPC too, relating to giving of false information, false evidence, etc., depending on detailed facts of your case).
However, Section 500 IPC as well as Section 182 IPC, both are non-cognizable offences, which means you’ll have to file a private complaint case in the court and police does not have power to register FIR in these offences.
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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