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garima   24 April 2016

defamation

My brothers wife has filed a false 498a/406 case against 7 family members. Presently case is going on with defense evidence. In the police investigation, 4 members including me and my wife found innocent and not been chargesheeted however we were party to FIR. Case under section 319 was filed by aggressive wife against 4 members not chargesheeted which was dismissed by ACJM Court. Appeal was also dismissed by Session Judge. Complainant and her brother has given false witness against us in the court in this criminal case. In the defence, accused has presented a voice recording of conversation between my jija which is party out of four released, and complainent brother. Court has given order to complainent brother to give his voice sample in CFSL Chandigarh which he is avoiding by hook and croock. He is a govt. Lecture. Can we file a civil and criminal defamation. If yes, when and where.pl.advise your opinion.


Learning

 1 Replies

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     22 May 2016

Kindly note that

1. The accused persons  may file defamation cr.case and also civil suit against the said complainant and other persons who had filed said cases which were dismissed by the C.J.M.Court and Appeals were dismissed by sessions court. a Copy of said orders and other case papers may be enclosed with the said cases to prove the allegations. please note.


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