KST (DCM) 14 October 2023

Can any one file civil defamation case when police fir senior citizen life threat

Hi Advocates,

Greetings of the day.....!

My Senior citizen parents filed a police complaint in the year of 2015 & 2016 when our neighbors were threatened and beaten to them for life threat by a neighbor's when opponent is encroaching our land at the time of their adjusant house construction, at the same time my parents also filed a civil case against them for Permanent Injunction. but that OS case dismissed as my old parents were not able to attend the case for long 6 years.

Also same Incident occurred year filed complaint with Police station launched FIR and submitted Calendar case under sections of 448, 323, 506 R/W & 34 IPC, while dragging the case for 5-6 years, as my old parents were unable to attend the case regularly due to their old age, so Judge disposed a both CC case also another OS civil case,

So now our opponents filed a civil defamation case for 15 Lakhs each parent on my senior citizen parents, after One CC disposed after 8 months 23 day and second CC disposed after 9 months 23 days and also OS dismissed after 3 years 5 months 26 days -

1. My First query is can those opponents my neighbors file a civil defamation case after this much a long period judgements given for both CC and OS ?

My Second query is when Police filed a FIR and submitted CC case in the court & when police were not able to procure the evidence to support their FIR calendar case, In that case when judge disposed both CC case - How my parents would be responsible for civil defamation case for huge amount 15+15 Lakhs ? also my Mother expired on 22nd May 2022-

My Third query is - those my neighbor opponents requested court not to alienate the property of my father self acquired government tehsildar allotted B-form Patta poramboku land where we constructed a house.in year of 1979

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2 Replies

zohaib yousaf 14 October 2023

I hope this message finds you well. Thank you for reaching out to us regarding the legal concerns your senior citizen parents are facing. We understand the complexities of the situation you have described, and we are here to provide you with some guidance.

To address your specific queries:

Query 1: Regarding the filing of a civil defamation case after a substantial period following the judgments in the Criminal Complaint (CC) and Original Suit (OS) cases, it's important to note that the statute of limitations for defamation cases can vary by jurisdiction. The opponents may have filed the defamation case based on their interpretation of the law, as it's not uncommon for such cases to be filed even after a considerable time has passed. You may want to consult with an attorney to assess the specific legal implications in your jurisdiction.

Query 2: Your concern about your parents being held responsible for civil defamation cases, despite the CC cases being disposed of due to a lack of evidence, is valid. In such situations, your parents' defense may hinge on the absence of substantial evidence to support the criminal charges. However, in a civil defamation case, the burden of proof is typically lower than in a criminal case, and the opponents may have different grounds for their claim. It is essential to consult with a legal professional to analyze the specific circumstances and build a robust defense strategy.

Query 3: The opponents' request to the court not to alienate your father's self-acquired property, a government tehsildar allotted B-form Patta poramboku land, is a matter that can depend on various factors, including the specific laws and regulations governing property rights and attachments in your jurisdiction. Your attorney can provide you with detailed guidance on the implications of this request and any potential measures to protect your father's property interests.

Given the complexity of the situation, it is strongly recommended that you seek legal counsel from a qualified attorney who specializes in civil and property law in your jurisdiction. They will be able to provide you with personalized advice and represent your parents' interests effectively.

Please feel free to reach out to us if you require a referral to an experienced attorney or have further questions. We are here to assist you in addressing these legal challenges.If you need more information about anything related to law, feel free to visit [https://umarlawassociates.com/]. It's a comprehensive source of detailed information on the subject.

P. Venu (Advocate) 14 October 2023

No defamation suit lies for pursuing a legal remedy.

However, the facts posted are rather disjointed. In a CC case, it is the Public Prosecutor who handles the case for the State. Your parents are only the de-facto complainant and only needs to attend the rail as the prime witness as and when summoned. As such, it cannot be that the case is dismissed because of default on their part.