Want to file defamation case
SANKET UPADHYAY
(Querist) 14 June 2014
This query is : Resolved
DEAR SIR,
In this case complainant has file complain against accused. police officer has not lounge FIR. police consider this case as a CHEPTER CASE. Accused are present before executive magistrate. And executive give bail.police officer reject all allegation made by complainant in his report,which is present before magistrate.There are defamatory allegation in complainant's complain. MY QUESTION IS...
1) CAN ACCUSED FILE CRIMINAL DEFAMATION CASE AGAINST COMPLAINANT?
2) IF YES, HOW CAN ACCUSED FILE CASE?
3) AT WHICH PLACE ACCUSED FILE CASE( I MEAN IN POLICE STATION OR DIRECTLY IN COURT)
4) ACCORDING TO WHICH SECTION ACCUSED FILE CASE?
THANKS IN ADVANCE
Nadeem Qureshi
(Expert) 14 June 2014
1. If there is any defamatory allegations then the accused may file the defamation case before criminal court or civil court as per his/her wish.
2. Draft a complaint if willing to file criminal case and filed before the court or area where he residing or cause of action arises.
3. police can not entertain these type of cases, only court have right.
4. section 499/500 of IPC
R.K Nanda
(Expert) 14 June 2014
agree with nadeem.
V R SHROFF
(Expert) 14 July 2014
So by now, did you file Complaint/ civil case for defame?? Pl reply, as our Experts had replied you promptly.
ajay sethi
(Expert) 14 July 2014
what have you done for a month ?
SANKET UPADHYAY
(Querist) 14 July 2014
V R SHROFF SIR,
I HAVE FILE COMPLAINT IN JMFC COURT. AS WELL AS ALSO FILE A CIVIL SUIT IN CIVIL COURT.
IS THERE ANY PROBLEM WITH ME?
Raj Kumar Makkad
(Expert) 14 July 2014
There is no problem if you have filed both the cases. Trust upon your lawyer in that event because this may prove a problem for you if you violate this general conduct.
