Lethargy of courts

Dr. MPS RAMANI Ph.D.[Tech.] (Querist) 08 February 2014 This query is : Resolved
In a co-operative housing society in Mumbai there is terrace flat. The flat alone belonged to a member and not part or whole of the terrace. In due course the member sold the flat and a part of the terrace also, telling him the part of the terrace belonged to him. The new member barricaded part of the terrace.
The Secretary of the Society objected to the action of the member and a dispute arose between them. In one of the letters the Secretary, who was a lady, used the English proverb “Robbing Peter to pay Paul”. The member filed a defamation case against the Secretary alleging that she called him a “robber”. He wanted that she should be imprisoned under Section 500 of IPC. At the admission stage she pleaded not guilty as what she used was only a proverb and if at all she likened the outgoing member to a robber. The presiding judge admitted the case and posted for regular hearing. This happened three years ago and not a single hearing has been held since. Every time the defendant goes to the court, she is merely told by the clerk there that the case had been posted to a further date.
She is very much a harassed person and she goes on paying her lawyer for nothing. How can she get out of the situation?

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ajay sethi (Expert) 08 February 2014
sosciety will pay the bills for legal action taken against secretary .

she can move high court for quashing the complaint . also move cooperative court against said member for barricading terrace . terrace forms part of common area cannot be barricaded by said member

Rajendra K Goyal (Expert) 08 February 2014
May prey the High Court for quashing of the complaint.

Member has been deprived of facility, it is normal reaction and has to face.

Devajyoti Barman (Expert) 08 February 2014
No defamation case lies out of contents of a letter even if the same defamatory as there is no third party publication.
Ask her to go for quashing in high court. The case has good merit.