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Dhanasekar (Advocate)     18 October 2014

Defamation

Respected Experts, A victim of 498a who is a brother of husband has been arrested along with other members of that family and kept 16 days in jail. police has arrested the entire family without any inquiry.... During the trial itself the police officials have agreed that they have not enquired the accused..... 1.Shall members of the family file a defamation suit? if Yes... Where to be filed? Against Whom? 2.Shall the family go to the Human right commission? 3.What are remedies available for the family? Regards Dhana


Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 October 2014

Unnecessary arrests and prosecutions can cause great personal and professional damage to an individual, even if the case is dropped. Entries which  remain on police databases can hamper someone's career, impede their freedom of travel and infringe their right to private and family life.civil law proceedings for false imprisonment and breach of the right to liberty can be possible. consult me.

Sudhir Kumar, Advocate (Advocate)     19 October 2014

has the case been closed.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     19 October 2014

First of all apply for speedy trial and force the opponent to face the trial on priority.


Shall members of the family file a defamation suit?

Perjury and Both civil and criminal defamation suits are also a very good counter attack.

if Yes... Where to be filed?

Perjury should be filed in the same court where 498A is going on. Defamation should be in your jurisdiction.

Against Whom?

Against the complainant.

2.Shall the family go to the Human right commission? 3.What are remedies available for the family?

yes. You can file online application for this.

 

Please read each of my posts carefully in the following links.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Sudhir Kumar, Advocate (Advocate)     19 October 2014

unless the case is decided in your favour please do not venture defamation.

 

Once you are acquitted then take these persons to task.

Dhanasekar (Advocate)     20 October 2014

Thank you experts. Sudhir Sir, Thank you very much for your reply Rocky Smith, Thank you very much for you too Regards Shekar

Dhanasekar (Advocate)     20 October 2014

Thank you very much indeed for all your replies. Regards Shekar

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