Going to high court
RC Gayatri
(Querist) 05 March 2012
This query is : Resolved
Hi Sir,
In continuation to one of my queries placed in this forum previously i would like to know the follow from experts.
Please answer me on all the questions. i need you all experts help and suggestions.
A criminal case on my name is cancelled/ closed by the local court in my city . Complainant and his friends made false allegations on me in the case. i went to court all in all 27 times to attend for the case and i have spent 40,000 for the case for all kinds of expenses. and finally it was cancelled/closed by the judge.
I was told by the S.I of police that they are not going to upper court.
i would like to know
1) Can the complainant go to high court now ?
2) if so in how many days he has to approach high court ( any time limit )?
2) if at all complainant got chance to approach hight court , do he has to keep money from his pocket for the expenses ?
3) if at all complainant got chance to approach hight court , will he get police people support in this. will police people move from here to there to pursue this case
4) if at all the complainant goes to high court do i have to attend high court which is there in another city every time? if not when should i attend high court
5) i would like to file a case in court against that complainant and his friends (witnesses) for damaging reputation of my name in society by making false allegations against me in this case because of which i lost so much money and also i was harassed attending to court that many times. suggest me the best time to file defamation case against them.
6) if at all i file a case against them for damaging my name in society up to how much amount i can ask them. and do i have to attend to court everytime for this defamation case or can i handover it to any lawyer ?
V R SHROFF
(Expert) 05 March 2012
Q:and do i have to attend to court everytime for this defamation case or can i handover it to any lawyer ?"
Ans: Yes, for this defamation case you can handover it to any lawyer, in civil court.u need not go every time to court.
Ajay Bansal
(Expert) 05 March 2012
The complainant can file a revision in High Court or Sessions Court upto two or one months/month respectvily.
SAINATH DEVALLA
(Expert) 05 March 2012
Dear Mr Chandrasekhar,
Any way, at the outset congratulations for the dismisal of the case. You could have quoted the grounds on which the Magistrate closed the case.Basing on that I can come to a conclusion,whether the complainant will appeal to the higher court or not.Even otherwise he is at liberty to approach the high court.Do not panic for the possibilities,because any table can be turned upside down if you have an able lawyer at your disposal.Be positive in your approach.
Another aspect is the defamation suit you intend to persue against the complainant.You can do so only after the outcome at high court,if your opposite party appeals.
Adv.R.P.Chugh
(Expert) 05 March 2012
Mr.Chandrashekhar,
Lots of queries - I'd try answering them as follows :-
1) Complainant has the right to appeal - though it depends on the judgment/the case/the offences against which he is appealing against.
2) Depends on who gave the decision if the judgment is from JM/MM's decision, normally - 90 days. And yes it would be at his own expenses, the police has nothing to support him for, as the prosecution has failed to appeal.
3) Let me tell you the basic philosphy of appeal against acquittals - every accused has a presumption of innocense in his favour - and after you have got a judgment in your favour - it is strengthened, and the higher courts would not interfere unless a really strong case is made out on merits.
4) You can civil, as well as criminal cases for malicious prosecution etc, but that depends on what was the judgment in which you were exonerated of all charges.
Bharat
ajay sethi
(Expert) 05 March 2012
you have been acquited of all charges case has been closed . why do you want waste time and money in filing defamation suit .? it may take years to be disposed of.
Sankaranarayanan
(Expert) 05 March 2012
if civil then your lawyer will taken care
Shonee Kapoor
(Expert) 05 March 2012
The complainant can go for revision of the case.
File defamatioon suit with help of a lawyer.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
