PRAKASHCHANDRA MARU (lawyer) 05 January 2010
It's better you may send a notice giving very short time (say 3 days) and give an opportunity to the newspaper and its reporter to explain why they have acted so irresponsibly against your innocent client. Further you may ask the newspaper publisher to tender an APOLOGY to your client printed on a prominent place in the newspaper within three days and warn them that if they don't concede to your claim, you would file suit for damages, loss of reputation, mental agony, etc., and also file a criminal complaint u/s.500 I.P.C. against the newspaper and all persons concerned. To your query whether to give notice to accused before filing criminal complaint, it's certainly advisable to send a prior notice to accused.
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 05 January 2010
It is mandatory to serve a prior legal notice seeking to witthdraw false allegations or to seek defamation petition ot criminal complaint or both.
Parveen Kr. Aggarwal (Advocate) 05 January 2010
Section 499 of the Indian Penal Code, 1860 defines the offence of defamation whereas section 500 provides for punishment. None of the provisions make it mandatory for the complainant to serve prior notice for filing of a complaint thereunder.
Premal Patel (LAWYER) 06 January 2010
In a case where a False FIR is filed , innocent people are arrested/remanded , accused are out on refular bail, A charge sheet is filed , but the case ahs no proper sense or evidence. Few inncoent people are trapped by poilce, and misuse of power vested on them.
Wat is the course of action the accused needs to take now
1. Setting aside the FIR?
2. can a Defamation comapint be filed before the conclusion of the trial court comes ?
3. wat are the remedies that can be claimed ? wat punishment can be prayed for for filing a false complint/FIR ?