Respected members,
I would like your guidance on filing a criminal defamation case by appearing in person.
I would like to file the case on my own and would like the guidance of the forum members on documents and process followed in filing case in court of law.
Background of the matter:
I stay in a housing society of Bhayander, dist. Thane. The society secretary and other office bearers are misusing their position and pocketing in large society funds. I have been raising my voice against such corruption and illegalities. I have been requesting documents of the operation of society operations for clarity on funds. However to hide all their irregularities they have been avoiding all such communication and does not provide any documents. Instead they just threaten to do whatever i can do.
During a Special General Meeting last month, the secretary of the society while discussion on my grievance started shouting and abusing me. it was planned strategy of managing committee to supress my voice and any other voice by such tactics of humilating and insulting in front of society members.
Secretary used bad words like mother Fu*** son of Bi*** teri aukaat kya hai ! and he also made racist comment on specifying that my entire community is extortionist
This was in presence of over 35 society members and all 6 managing committee members.
After this incident i sent a legal notice to the secretary demanding public and written apology, however he sent the reply from his lawyer that he never used any such language and that by sending him such legal notice I am trying to defame him.
I would like to file a defamation case on him and other managing committee members for their planned criminal conspiracy. Since Civil damage case will require heavy court fee, I would like to file criminal defamation case at present. I would highly appreciate If I can be guided on following:
1. My district court is in Thane, so should I file the case in thane court or can I file criminal defamation case in Bombay hight court?
2. Is there any format that I can get as a sample to prepare my documents for filing case in court?
3. Which is the competent court in Thane district court or bombay high court to file criminal defamation case?
4. Is there any sample copy of defamation plaint which I can use as guidance?
Would highly appreciate your guidance on the matter.
Best regards,
Aadesh