K Pal 02 April 2016

Need course of actions for filing a lawsuit on defamation

On 30th March 2016 , I hired a driver from a local driver center. He came to me for driving my Maruti Alto 800 Car in the morning at about 10:30 am and I accepted him as a driver. I did not know that he lost his license earlier and came to me to trick me in a situation to demand huge money from me by claiming that I took his license in the middle of the road.

He came at first with his gang of friends in front of my house and insulted me and my old mother very much. I told them that I did not took his license, requested him to go to police station repeatedly and told them to stop those abusive words repeatedly but they did not stop that. After few hours of doing this he and his gang of friends left the place. ( I have total CCTV footage of this incident )

After few hours the driver came again with Police officers in front of my house and I told the officers that I did not take his license. I also reported the police officer that the driver is insulting me and my old mother in front of our neighbours and I want to make a complaint against him. The police officer encouraged me to do that and took the driver away from my house. ( I have total CCTV footage of this incident )
Then, on the next day, 31st March 2016, at about 11 pm in the night he came with huge people ( about 25 to 30 people ) and they all started to threaten me to death if I or my old mother come out of house without giving the driver his license or huge amount of money because of his loss.
I then again told them that I did not take his license but they torn into anger and from them one person torn my CCTV cable to tamper the evidences. ( I have total CCTV footage upto this incident )

After that, I informed police and Local Police Officer reached the place within few minutes and removed those people from there. As they have threatened me to death, I cannot go out of my house now.

On the next day, 1 Apr 2016, I submitted an application to the local police station for a FIR.

Now, I want to file a lawsuit against them for the case of Defamation, Life threat, Cheating and more if possible.

Please advise me the course of action to be taken on this case.

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3 Replies

ROHIT SHARMA (Legal Advisor ) 02 April 2016

1. They police can add s. 500 (Criminal Defamation) of I.P.C. in the Charge Sheet if the same is not included in the F.I.R. What are the sections of I.P.C. that have been mentioned in the F.I.R.

KS Johal 02 April 2016

The local driver centre should have known whether he had his driving licence or not. One of the protocols of hiring a driver is that if he or she is going to drive your car you must make sure that he has a valid driving licence. The only way you will be sure whether the person has the driving licence or not is by checking it out. The driver is accusing you of theft of his licence and as a result criminal activities are taking place. By bringing in people or Gangs of people to insult you or to become violent is a criminal activity. You will need to file a criminal case against the driver.

Siddharth Dev (Advocate) 19 May 2016

one good thing you had done that you had intimated both incedent to police (if in written complaint form) now you can file a complaint case u/s 200 r.w. u/s 156(3) cr.p.c. and try for registration of FIR.