Defamation
Vasudevan
(Querist) 16 December 2013
This query is : Resolved
I had been arrested and detained under judicial custody for 8 days for an alleged offence under corruption Act. The court has acquitted me from the charges after a full trial. The DAVP has not preferred any appeal and they had confirmed the same by an official letter to my department. Whether I can file a defamation suit against the DAVP? Whether any limitation is prescribed for filing the defamation? Kindly elucitate.
ajay sethi
(Expert) 16 December 2013
be satisfied that you have been acquitted . if you file any case in order to harass you they will file an appeal against order of acquittal and make you run around courts for number of years . it is necessary to peruse order passed for acquittal to advise further
Rajendra K Goyal
(Expert) 16 December 2013
Case and order need to be seen before any advise. Better avoid such steps and try to forget it as a dirty dark dream. Even than want to proceed consult your lawyer.
R.K Nanda
(Expert) 16 December 2013
you can file defamation case.
T. Kalaiselvan, Advocate
(Expert) 16 December 2013
Acquittal is different from dismissal. Acquittal may be that the prosecution failed to prove the case beyond any doubt hence the benefit of doubt given to the accused and thus stands acquitted. Under the said circumstances a defamation case may not sustain.
Sudhir Kumar, Advocate
(Expert) 05 April 2014
you want to know
" Whether I can file a defamation suit against the DAVP?'
but you will not share the following facts :-
in the first place what is DAVP?
what is their locus stnadie in the case?
who arrested you?
