Application for striking of defamatory part in counter reply ( 48 crpc) can made before high court??
Raman
(Querist) 15 August 2014
This query is : Resolved
I have filed the 482 Crpc application for quashing of chargesheet and in return the respondent has filed the reply which has high defamatory content
My doubt is whether application for striking off pleadings/reply can be made just like in civil proceedings..If yes, under which section can we file the application so that his defamatory reply cannot be part of record
ROHIT SHARMA
(Expert) 16 August 2014
1. Actually the criminal law is silent on such subject unlike under the civil procedure laws.
2. Well, file a rejoinder contending protest against such foul and unethical language amounting to defamatory intimidation and since u/s 482 the court is vested with inherent power it may look into the contents of such counter reply by the other party and may as well strike off such irritating contention and may even warn the other party for citing such defamatory language and this may even have an impact on the court about the conduct of such party and in the end such party would be at loss and may have to pay for the cost of such defamatory contention.
Rajendra K Goyal
(Expert) 16 August 2014
File rejoinder and protest the language used in reply.
Raman
(Querist) 16 August 2014
Thank you learned members for valuable advices
R.K Nanda
(Expert) 18 August 2014
file counter reply.
Raj Kumar Makkad
(Expert) 20 August 2014
Yes is the sole answer to your query but the permission of the court is must.
T. Kalaiselvan, Advocate
(Expert) 21 August 2014
I agree to the opinions expressed by expert Mr. Rohit Sharma. By a counter to the respondent's counter, you may bring it to the notice of the court and seek relief and remedy accordingly.
