Defamation
Jayakumar
(Querist) 11 August 2015
This query is : Resolved
Complaint against named accused for alleged or suspected murder of one's father to Police who launched FIR u/s.174 Cr.P.C r/w 176 IPC and started investigation; Recorded statements u/s.161 (3) of Cr.P.C of all the witnesses including named accused. Final report submitted stating complainant is a son born to one who was not married to him and the final report indicated that there was no such murder. The JM passed remarks against the Inspector of Police exceeding his investigation report. The complainant filed defamation case (malice) in civil court for damages. In the lower court damages awarded. Appeal preferred by Inspector of Police and also by District Collector who is also a party defendant in the defamation case. Now the question is:
In the lower court criminal court records especially 161(3) Cr.P.C statements which are favorable to the Inspector of Police could not be marked as exhibits. Whether they could be marked as exhibits in the defamation case in the appellate stage which is a subsequent case to the criminal case earlier stated in the light of Bar in the evidence act to mark the statements as exhibits but could be used only for contradicting purposes. Please answer the above query. I have to argue the appeal case within a week before District Judge.
P. Venu
(Expert) 12 August 2015
In view of the acquittal, the statements mentioned are not of much relevance.
DR.VEDULA GOPINATH
(Expert) 12 August 2015
sir
WHY NOT MALICIOUS PROSECUTION BE LAUNCHED ON POLICE AND DISTRICT COLLECTOR IN THE CONCERNED HIGH COURT.
DR VEDULA GOPINATH ADVOCAGTE/ARBITRATOR VIZAG AP INDIA NOW CAMPING IN USA
Dr J C Vashista
(Expert) 13 August 2015
Despite the fact that statement recorded u/s 161 Cr. PC are not accepted in evidence but for corroborative purposes it may be used. However, when the FR has been accepted by JM (on the basis of investigation carried by IO), the statement recorded are relevant and favourable to the plaintiff in civil suit for damages for defamation (malicious prosecution).
seshadri dubey
(Expert) 14 August 2015
Sir
how a report submitted by the police officer before a court of law can form a defamatory statement? I think the report has got a shield under exception of 499 crpc.
