In Indian law, filing a false case against someone constitutes malicious prosecution rather than defamation, and victims must first have the original case dismissed before they can pursue civil or criminal proceedings for malicious prosecution against the accuser.
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Can you sue someone immediately for filing a false cases?
Added:If Amish Agarwal faces any false case, Amish Agarwal will immediately file a counter blast case in another forum saying that this case which has been filed against me is false. Therefore, this person should be prosecuted.
Therefore, for every one case that is filed today, a separate case will be immediately also filed.
Courts of law want to discourage that practice and that is why they say just because someone has filed a case which you say is to be false is completely false against you does not mean you can file a case against them that they filed a false case on you. What they have done is not defamation. What they have done is malicious prosecution. All right? And unfortunately in this country, malicious prosecution, the ruling say that the case against you must first be dismissed and only then you can start civil and criminal proceedings for malicious prosecution against that person. Now, in your matter where the High Court has stayed the criminal defamation, according to me, not because of the matrimonial dispute, the problem is that you said that in her court case against me, she said blah blah blah blah blah that was defamatory and therefore she is liable to be punished. On those grounds, your criminal defamation case might get dismissed. Might, right? But the other aspect is if you mentioned the fact that she has made these, you know, defamatory statements outside in the public to other people as well, then there is a chance that your case may survive, right?
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