The criminal complaint is pending against the accused u/s 420 , 504,506 , r/w 34 of IPC . It has been filed on behalf ot the society against the member. His wife is implicated and false serious allegations are incorporated that she tears her clothes and threatens the members that she will file false complaint of molestation against them. This statement is per say defamatory but there is no such complaint in the police station. The JMFCC did not take cognizance of the same and rejected it. Session Court also confirmed the order. Even high court in Writ Petition stated that till the case in JMFC is decided finally, and the accused proves that it is a false allegation, nothing can be done. There is no provision in the Cr.Pc.that accuse can use those statements in the complaint which is pending for filing defamation case.
My question is : The case may take more than twenty years . Does it mean that she should stick the stigma on her charcter till the case is decided ? Is there any citation on it that she still can file Cross Complaint for defamation ? Now the option before the accused is to go in Supreme Court for reddressal. Is it possble for every ordinary person to give fight till Supremen Court ? It shows that anybody can defame woman by filing false case and fix her for the years together . SENIOR LAWYERS PLEASE GUIDE THIS ADVOCATE.
Advocate Sandeep Naik. Mob : 99670 56980 ( High court Mumbai )
E mail : sandystorm_1995@rediffmail.com
