66a repeal - can i file for damages ?
nandanm
(Querist) 07 April 2015
This query is : Resolved
Hi Experts,
I have a pending 66A on me, without any other IPC sections. In all probability the case will be nullified because of the repeal.
The trial phase was over. Only the final argument from my side was pending when 66A was repealed. So far, our side has been incredibly strong, as the prosecution has totally messed up their part, primarily because they didnt have any evidence, their only witnesses were the police IO and DCP. Both the witnesses stated that they have not done the investigation and pointed at each other. Moreover, in the chargesheet they mentioned a hard drive , supposedly seiged from me, which is a complete lie, and they could neither reproduce the HD nor could tell when it was seiged , and by whom. Basically, the whole prosecution reeks of malice.
However, now that I was at the fag end of the proceedings, about to win the case, 66A has been repealed.
Can I still file for damages, and malicious prosecution ?
thanks
Nandan
Guest
(Expert) 07 April 2015
Your query is quite premature for filing a case for damages, when the case is still pending for decision. Don't forget about probability and reality. First things are first to be achieved. Get yourself exonerated first after accomplishment of your final argument in your case and think for anything else thereafter only.
Devajyoti Barman
(Expert) 07 April 2015
such suit for damages out of malicious prosecution lies on acquittal. However since the provision is repealed and if the court dismiss the proceeding on this ground alone then I regret that damage suit would fail.
SAINATH DEVALLA
(Expert) 07 April 2015
Act according to the experts opinion
nandanm
(Querist) 10 June 2015
Hi Experts,
To continue from the above discussion,
I have been acquitted of 66A . This was the only charge in this particular case. Just FYI, there is a separate case of 498a against me in another court by the same loving wife who filed 66A.
Now coming to the question of if I can file for damages, defamation ?
Well, with my little knowledge in this regard, I know that a claim for malicious prosecution needs to have 4 elements :
(a) That Criminal proceedings were instituted and continued against him by the defendant;
(b) That there was no reasonable or probable cause for the defendant instituting those proceedings;
(c) That institution of such proceedings was malicious; and
(d) That those proceedings ended in his favour.
I am pretty sure of the first 3 points a,b,c can be substantiated in the court. However, since 66A was repealed , will point (d) hold true ?
Going purely by technical terms, the proceedings indeed ended in my favor. So by that logic I can argue that point (d) is also satisfied.
Gentlemen, I really need suggestion from you experts on this. If I can successfully file a damages case, she might consider withdrawing the 498a and also settle amicably for a mutual divorce. Unnecessarily my old parents are being dragged to the court, because my wife has made them accused too.
Kindly respond to this with your opinions and please help me out :(
thanks
Nandan
