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sunny singh (asfdgfs)     10 April 2012

Defamation

Hello Sir/Madam

please help me by advising on the following query

I had filed 498A case against my husband and in-laws, but my in-laws have by shaking hands with police managed to remove names of all the accused except my husband from the  chargesheet submitted  in the court. Each accused has now filed a case of defamation on me in the state they reside in.

There are3 cases of demation filed against me. I have filed 498 A, Divorce and maintenace case in the state I reside.

Please tell if I can get all the defamation cases against me dismissed from high court.If not what is the other way to get rid of these cases. Kindly advise.....



Learning

 8 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     10 April 2012

Dear Querist,

As regards police removing them from the array of accused persons - file a protest petition in that very court asserting police acting hand in glove with accused. 

You have two options as regards defamation cases - file a revision petition if the court summons/takes cognizance on any of these complaint cases or approach the High Court u/s 482 of the CrPC

Feel free to talk~

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 April 2012

If defamation case is properly framed you have to face the trial since most of the material will enamate from your actions against them.

 

More ever since the laws are gender bases so in hurry lousy pleadings and high profile charges are made which many times contradict each other since no proper legal advice is sought prior to filing of such causes.

 

We are experience that even while reply in the notice if given are replied through junior advocates which many allegations even in reply so defamation can be easily alleged.

Sandeep Naik (Advocate)     10 April 2012

Their case will not stand in the court as ur case is pending against ur husband. U can take a stand that since the case in still pending and the role of ur in laws is yet to be established though the police have removed their names, the defamation case cannot be entertained. 

Adv. Sandeep Naik

Mob : 99670 56980


(Guest)

Dolly je

 

For defamatin publicatin  is must.

Don't worry their cases will be dismissed.

Fefamation can be filed on complaint only there is no provisin for FIR.

Just protest , Court will dismissed all cases.

For more details & ciatation, Contact me.

 

 

sunny singh (asfdgfs)     12 April 2012

Sir

Thanks a lot for your valuable advise. However, it would be great if you can elobarate on how and at what stage to proceed to high court and the effect of the same

sunny singh (asfdgfs)     12 April 2012

Also is sec 482 of CrPc applicable for civil proceedings lyk defamation?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     13 April 2012

It is easy to allege defficult to substantiate and prove, so any spoken or written matter which can be substantiated by evidence than it is DEFAMATION.

There are three aspects 1) Filing 2) continuing and 3) getting conviction.

So as per the advice of the other learned experts you may not be convicted but case can be filed and can be prosecuted. And unless outright false on face of it the same can not be dismissed or QUASHED.

Siv (engineer)     22 May 2012

Hi All,

 

Here wife made defamatory statements and she has to prove them against the in-laws. If she/wife fails to prove automatically the in-laws wins.

 

Pending a criminal case is not proper ground for dimissing the defamation case.

 

Also the defamation is applicable if any persons makes a ststement before court/police as per Supreme Court of India decision and filing an affidavit in court of law is considered as publication of statements because the court document is public document.

 

Defamation case is perfectly valid and it need to figh it out. If wife wins then the in-laws go to jail.


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