Xyz act advice
Querist :
Anonymous
(Querist) 04 January 2012
This query is : Resolved
Hi,
I wanted to know some thing about defamation act so i need a legal advice or expert opinions about the following scenario:
Last year my NRI uncles(chacha) file a complaint in a NRI police station.In his complaint they mention that i left the home in 1998 and shift to delhi (but i shift to delhi on 2000 i hav prof) and they also mention that i did fight with my sister( its wrong if i did it than why she not go to polic station) and they also mention in his complaint that his father(my grand father) built this house(but i built this house on 1988 but this land is not on any body names, not me nor any other,s its a under lal lakir).
They all do these trick to harsh me and try to take the possession of my home.
Now last month NRI police station's SHO visit my locality and do inquiry about this all and take bayaans(statments) of the main persons in the locality include the MCs and i also show him(SHO) my profs and at the end SHO make a positive report and dismiss the complaint of my uncles.
So at the end i want to do some thing in encounter on the following false points those they mention in his complaint:
1)i left the home on 1998(actualy i left on 2000).
2)i not did any fight with my sister(if realy i do than why not she go to police station )
3)built of house.
So plz tell me , which type of case i do.
Thanks
Devajyoti Barman
(Expert) 04 January 2012
It does not appear that any case was initiated against you. The police only made some inquiry on the basis of your uncle's complaint.
So nothing could be done against him nor any defamation case could be filed against him.
Querist :
Anonymous
(Querist) 04 January 2012
why he file a wrong complaint against me..... is it right... ?? i hav no right to do fight?? againt it
Deepak Nair
(Expert) 05 January 2012
In the present case, there is no defamation and no prosecution.
Apart from formal inquiry, no actin is taken against you and there is no loss caused to you.
Thus, any action under criminal law taken by you can sustain in the present case.
Better to take sufficent action to protect your property. for that consult a lawyer.
Rajeev Kumar
(Expert) 05 January 2012
Fully endorse the views of both expert
Shonee Kapoor
(Expert) 05 January 2012
Nothing more to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 05 January 2012
I beg libery to disagee. The case for defamation can lie after police closes the FIR. You can also lodge criminal complaint on the charge of false reporting to public servant with intend to cause injury to you.
Devajyoti Barman
(Expert) 05 January 2012
Dear Mr Kumar, could you enlighten how defamation lies on the basis of Police complaint?
As we all know complaint. pleadings can not cause defamation.
I am waiting to know how does publication happens on the basis of complaint to Police?
Raj Kumar Makkad
(Expert) 06 January 2012
Instead of defamation, you can insist for 182 criminal procedure code vide which a false complaint was filed against you which was found false during investigation.
prabhakar singh
(Expert) 06 January 2012
In my understanding if some one files as a false complaint or give wrong information to the police. one can be prosecuted under law for giving wrong information or for misleading the police as Section 203, Indian Penal Code 1860,runs as under::.....
"Indian Penal Code (IPC)
Section 203. Giving false information respecting an offence committed
Whoever knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two year, or with fine, or with both.
1[Explanation.—In sections 201 and 202 and in this section the word “offence”, includes any act committed at any place out of 2[India], which, if committed in 2[India], would be punishable under any of the following sections, namely, 302, 304, 382, 392 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460.]
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
"
Deepak Nair
(Expert) 06 January 2012
Exact and sufficient response from Mr.Prabhakar Singh.
