Defamationa
Radha Krishna
(Querist) 24 February 2016
This query is : Resolved
The accused in a criminal defamation case I filed in 2012 have obtained a stay from the high court. I have all the necessary documentary proof to secure their conviction. Do I wait for the case to be decided - which may take a couple of years - before seeking relief by filing a civil defamation suit or shall I do it concurrently? If I were to wait for the criminal defamation case to be decided, will the law of limitation be against me?
In respect of the same, are there any chances of the ongoing case being dismissed by the high court on technical grounds? If so, on what grounds and what will be the next legal recourse for me?
ROHIT SHARMA
(Expert) 24 February 2016
1. You will have to wait for the case to be decided by the H.C.
2. You can choose to file a civil suit for compensation u/s 19 of C.P.C. for defamation concurrently also.
Devajyoti Barman
(Expert) 25 February 2016
There is no bar to file civil suit which will proceed along with criminal case.Since stay is grated try to expedite the hearing in high court as the other party who is enjoying the stay order will try to protract the case in high court to stall further proceeding of trial in lower court.
Rajendra K Goyal
(Expert) 25 February 2016
Try for an early disposal of the case in High Court.
