Defamatory sentenses used in police complaint
avdhesh
(Querist) 11 November 2013
This query is : Resolved
A divorce case is pending along-with domestic violence case of my client's daughter against her husband. Meanwhile her in-laws have filed an application in police station against my client alleging that my client is convicted person and many police complaints are filed against him in various police stations. Further they also mentioned that he and his daughter had opened the bank locker and withdrawn all jewellery and gold ornaments from the locker, which is in the joint name of his daughter and her husband, which is totally false. My client is reputed businessman and is having very good social status and no police complaints are recorded against him ever. He also has a letter from bank stating that the locker was not opened by anyone from the date of opening till now. What legal action that can be taken against them, please give me any section or relevant case laws to take proper legal action. Thanking you in advance.
Sudhir Kumar, Advocate
(Expert) 12 November 2013
let the allegation be proved false or dropped by police and you can move fro defamation (both tort and crime.
All thee allegation you can use in cross-examination to prove them false. They have provided good tool to you.
Dr J C Vashista
(Expert) 12 November 2013
Correctly advised by Sh. sudhiir Kumar ji, I agree. Go slow,let the case be finalised and then decide to move for defamation, if the allegation levelled remained unproved.
P. Venu
(Expert) 12 November 2013
The essence of defamation is giving publicity. Contents of a complaint cannot be said constitute this vital element. The complaint, if proved false and malicious, but not the count of defamation.
Devajyoti Barman
(Expert) 12 November 2013
Yes, contents in complaint or plaint does not give rise to defamation.
Adv. Chandrasekhar
(Expert) 12 November 2013
filing a complaint alleging your client is a convict is slander and attracts defamation. your client can try defamation under S.499 IPC or civil defamation seeking damages.
V R SHROFF
(Expert) 12 November 2013
No defamation , being part of litigation.
Raj Kumar Makkad
(Expert) 12 November 2013
You can do nothing at this stage. Falsify the allegations before the court of law and only thereafter you shall get cause of action to take legal action against the complainant as advised above.
Dr J C Vashista
(Expert) 13 November 2013
I respectfully disagree with Shri P.Venu, as the contents of complaint, if proved otherwise and do not fall under either of the 10 exempt clauses of Section 499/500 Cr. PC it consttitute defamation and the complainant can be sued.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 November 2013
It will be just allegations not proved which will not attract any counter action.
YOU HAVE TO PROVE THEM FALSE BY COGENT EVIDENCE THAN ONLY ANY COUNTER ACTION CAN LIE.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 November 2013
1) Defamation does not work by book.
2} Every action before law is
PROVED, NOT PROVED AND PROVED FALSE.
Legal process is so exhausting that most of the acquits are based on NOT PROVED.
3) No energy is left in any litigant to prove the case false .
4) So for any case in which allegation are not proved can not be base for any counter action.
5) Only if you can prove them false by reliable evidence than only you can claim any counter action otherwise not.
avdhesh
(Querist) 14 November 2013
Thanks to all for your reply.
We applied police under RTI Act, to send us the report of progress of the complaint lodged by in-laws of client's daughter against my client, as we know that we will get clean report, and we have Bank letter that no one has opened bank locker. What else we can do to prove them false, and what legal action we should take at initial stage.
R.K Nanda
(Expert) 14 November 2013
nothing more to add.
