During pendency of criminal cases can i serve notice against defamation?
Milap Choraria
(Querist) 30 March 2012
This query is : Resolved
Respected Experts,
Dowry related and another Criminal cases are stayed by Hon’ble Calcutta High Court, and in Divorce Suit my Daughter in law failed to produce any evidence of desertion or cruelty, thus put pressure on me father of daughter in law lodged and FIR on 5th March, 2012 at about 10.35 P.M. that I along with two other person, when he after proceeding of divorce suit of his daughter came to GPO, Howrah (which in front of Howrah) snatched Rs.1,600/- and some other original documents from his pocket and assaulted him. Whereas facts remains that I was in Delhi and on the basis CCTV Footage of Metro and other Public Authorities, details of my Mobile user locations, as well as Voice Data (for which I have already started process to collect them), I can prove that I was in Delhi.
My query is whether during pendency of aforesaid criminal cases as well as my aforesaid High Court Proceedings, can I serve a legal Notice for defamation etc.?
Milap Choraria
M.Sheik Mohammed Ali
(Expert) 30 March 2012
i hope that in the incident not defamation, the other side made allegation to theft, so you can claim compensation and damages, if case filed.
Shonee Kapoor
(Expert) 30 March 2012
Yes, you can, but don't have high hopes about that.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 30 March 2012
Such notices will have value only if you are acquitted in the case on merit. Otherwise, such notices will not serve your purpose. Thus, wait for the trial to be completed, get the acquittal and proceed further.
ajay sethi
(Expert) 30 March 2012
dont aggravate the issue .dont issue legal nottice . prove that false allegations have been made . concentrate your energies on resolving cases on hand
Guest
(Expert) 30 March 2012
You can, but any rash act can bounce back on you only. So, be at sound footing first.
Ajay Bansal
(Expert) 30 March 2012
Wait for final judgement of court.
Shonee Kapoor
(Expert) 30 March 2012
I have different take than other experts.
Imagine there are 10 allegations and for 2 of them you have watertight proofs that it is false.
Use those points in defamation only. That would put pressure on the opposite side.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Milap Choraria
(Querist) 30 March 2012
Many many thanks to expert Luminaries, for prompt responses.
The entire story of the alleged incident dated 2nd March, 2012 in Howrah (WB) is totally false, concocted and created, since on 2nd March, 2012, I was in Delhi, which I can prove from CCTV Footage of different Public Authorities, Mobile Details including Voice Data. I want to serve legal notice against the said particular story, otherwise two other cases including one u/S-498A was stayed by Hon'ble Calcutta HC, on our application u/S482 of Cr. P. C.
However, in the said case u/S-498A, I was arrested in violation of Hon’ble Supreme Court Judgment in the matter of Joginder Kumar Vs. State of U.P. Judgment, pronounced by Hon’ble Venkatachalliah M.N.(CJ), Mohan, S.(J), and Anand, A.S. (J) on 25/04/1994 (CITATION: 1994 AIR 1349 1994 SCC (4) 260 JT 1994 (3) 423 1994 SCALE (2)662)and Two Police Investigation Reports clearly stated that no alleged incident (claimed in FIR) was occured, and that FIR was also registered under various Section of the Protection of Women from Domestic Violation Act, which Act not empowered to Police to Reister FIR, Investigate, Arrest and File Charge Sheet. Therefore in my view my arrest was my kidnap in the illegal guise of the Arrest, while one Ld. Luminary considering it as wrongful arrest. Therefore, if some one can suggest the Section under IPC, which describing the wrongful arrest.
