Defamation/prejury - civil/criminal
Shruti Shruti
(Querist) 08 February 2020
This query is : Resolved
Dear All,
I have been arraryed as A1 in a fight case. 161 statements were recorded which clearly says I was not involved in the issue. I have sufferred and lost a lot due to the trail for past 3 years.
Now I have planned to initiate defamation / prejury in civil and criminal.
Hope I should first notice to the respondenets for civil defamation suit.(who made a false complaint on me and the false witness people). And then start filing the case in court.
1. Kindly correct me If I am wrong.
2. Do I need to send a notice for Criminal defemation as well?
3. COurt is how much at chennai?
4. COurt fee is for both civil and criminal defamation?
Raj Kumar Makkad
(Expert) 08 February 2020
If the criminal case is still pending against you then you have got no cause of action to initiate any of the proposed action. It shall be better for the outcome of the case and further expiration of the period for filing further appeal either by State or by the complainant.
Once that period is over, you need to serve a notice to the complainant and to follow further action as per advice of your lawyer.
Dr J C Vashista
(Expert) 10 February 2020
1. Yes, the notice is required to initiate civil suit for compensation of damages.
2. Since criminal case is still pending in the Court, you will have to wait for final judgment/ order of acquittal.
3. However, there is no requirement of notice for complaint u/s 200 Cr PC for punishment of criminal defamation u/s 499 /500 IPC.
Shruti Shruti
(Querist) 10 February 2020
Is it so mandatory to wait until the judgement ? I prefer to initiate now itselsf. Wont it be maintainable?
Raj Kumar Makkad
(Expert) 11 February 2020
As already advised, if you prefer criminal case at this stage, the same shall be got dismissed being non-maintainable. Better wait for the outcome of the case pending against you.
Sudhir Kumar, Advocate
(Expert) 13 February 2020
unless you are acquitted the allegation of other party is not proved false without which defamation action civil/criminal will not succeed.
T. Kalaiselvan, Advocate
(Expert) 20 February 2020
The criminal case pending against you has to be disposed by dismissal and not by acquittal of the accused.
In that event you may file a defamation case under bio the civil and criminal laws for compensation and for punitive actions.
The advocate fee and the court fee can be enquired from a local advocate who you would desire to engage
