Defamation
sanjeev kumar
(Querist) 18 March 2013
This query is : Resolved
D/law experts,
I was booked u/s 323,324,452 in the year 2004.This false complaint was lodged in the police station by my advocate wife misusing his profession.Tremendous pressure was exerted by the Bar Association by going on indefinite strike.I was harrased for one year and the case was closed by the police after enquiry found it false and vague only after the kind intervention of the Chairman Human Rights Commision.
She again filed complaint in the court of law in same city on the ground that fair probe was not done by the police department.I had to appear in the court about tens of times after covering about 200 kms distance and availing leaves as I am a central govt. employee.Now about 4 months back,she closed her witness.The judge aquitted me on the ground that there was no witness.No further appeal.
During the police investigation and trial,i had to face harrasement and huge financial lose.Should I file the case of defamation?Is there any scope that she would be convicted or it would be of no use? Kindly advice.
Devajyoti Barman
(Expert) 18 March 2013
You can file a suit for damaged out of this malicious prosecution.
Raj Kumar Makkad
(Expert) 18 March 2013
You shall have to file the advised suit in the same court after obtaining the certified copies of the earlier judgments.
R.K Nanda
(Expert) 19 March 2013
file defamation case.
Adv k . mahesh
(Expert) 19 March 2013
yes you can file suit for damages
but you was harassed by a lady advocate no advocate will harass a government employee unnecessarily