Malicious prosecution
1 year ago
My tenants daughter, filed a false police case on my family, stating that we harassed her, case registered in 2020,
In 2022, March, the case came to trial, and I got some evidence that she was not here at my house, at the time she mentioned that we harassed her in the complaint.(she stays in other state for her education)
The complainant, by knowing I got that evidence, she came for compromise and I said no, then she came to court and said, I signed on a white paper, then some Village elders complained, police didn't enquire me, I don't know the accused, etc,.
She was declared as hostile,
Asst. Public prosecutor cross examined her very lightly and my counsel didn't cross examine her. Later I came to know that my counsel colluded with her and so, he didn't cross examine her.
However, as there was no incriminating evidence against me, I was acquitted out of that case.
Now I want to file a malicious prosecution suit on her to claim my damages.
As I visited a lawyer, he says, that lawyer didn't cross examine her during the criminal case trial, so it's a defect. And he can't assure for damages claim in suit for malicious prosecution.
Please help ..
Subhashis Paul
Responded 1 year ago