Defamation

@Rocky Smith got your point thanks but in jabalpur high court dates for any case are generated by computer systeem by raoster method so for any case the case is not coming on table even my one case in same court is ruuning from 2013 , so if i go for speedy trial and apply for that then also it took six months to years and after that case comes to lower court which again took years to finish that's why i fear to go to high court! on next date of early june SHO promise to judge to appear in court and i hope and pray she will come as soon as her evidence is over the case will run fast and within four months it get finished as i hope so.. after that counter cases i will file one more question here if in parrallel i file perjury or defamamtion than original case which is running will get stop or delayed or it will run as usual.. please do guide me here?

one more query: when the case is running then perjury is under 340 and when case is over then the section is same or different say 200, confusion here as i want to appear in person myself so please clear my confusion.

Originally posted by : Ekta
	@Rocky, Did my learned friends said one cannot file lawsuits in parallel to 498A? We suggested not to file cases till he gets acquitted. Filing Lawsuit is not a large affair and no expertise required to file the cases, but the time matters.

 

@ Ekta,

The main intention of Indian Courts; not to give justice in 498A and other biased and unconstitutional laws.

 

That is why you said – “but the time matters”

 

My opinion is,

please file perjury and defamation in the same court where 498A is going on and make time frame of all together with one speedy trial suit in HC.

 

Best defense is good offence! 

Originally posted by : 498A fighter
	@Rocky Smith got your point thanks but in jabalpur high court dates for any case are generated by computer systeem by raoster method so for any case the case is not coming on table even my one case in same court is ruuning from 2013 , so if i go for speedy trial and apply for that then also it took six months to years and after that case comes to lower court which again took years to finish that's why i fear to go to high court! on next date of early june SHO promise to judge to appear in court and i hope and pray she will come as soon as her evidence is over the case will run fast and within four months it get finished as i hope so.. after that counter cases i will file one more question here if in parrallel i file perjury or defamamtion than original case which is running will get stop or delayed or it will run as usual.. please do guide me here?

 

@ Mr. 498A fighter,

If you take help of any clerk they will help you to enlist your case in the cause list.

Once enlist then you can directly pray to the honorable judge for fix date of hearing by appearing in-person of the first hours of the court.

@Rocky,

Since everybody sees the universe differently, it is not surprising that opinions would also be different.People have different strategy to approach for a lawsuit.

In this instance, one cannot say your approach is correct and the rest suggestions are incorrect.

I will cling to the suggestion that many experts has provided earlier, "not to file cases till he gets acquitted".`

Originally posted by : Ekta
	@Rocky, Since everybody sees the universe differently, it is not surprising that opinions would also be different.People have different strategy to approach for a lawsuit. In this instance, one cannot say your approach is correct and the rest suggestions are incorrect. I will cling to the suggestion that many experts has provided earlier, "not to file cases till he gets acquitted".`

 

 

@Ekta , 

 

Yes everyone (any reference frame) sees and describes the universe differently as per “Theory of Relativity” invented by Albert Einstein. However, truth is always truth as velocity of light is always constant in every reference frame. Is not it?

 

I would like to highlight very first line of CrPC 340. That is -

 

"When upon an application made to it in this behalf or otherwise any Court is of opinion that it is expedient in the interest of justice that an inquiry should be made"

 

So clearly, if application/petition is not made on top of any criminal case, for example 498A then how truth will come out?

 

 

My suggestion is, please file Perjury (Application U/S 340 CrPC read with 195 CrPC) and Defamation (Application U/S 499 IPC read with 500 IPC) on top of 498A case

along with all contradictory statements of other cases (Like in 125 CrPC, DV, Divorce, RCR or any other cases) in the same court where 498A is going on.

 

Then make timeframe all of these with one single speedy trial petition from HC.

 

Best defense is good offence! 

 

Please check my profile for sample petition and other clues.

@Rocky,

Can't we bring the same result by following different efficient approaches? If your reply is yes, then do you think, your below statement fits in this context we are discussing.

"However, truth is always truth as velocity of light is always constant in every reference frame."

Not convinced a bit with your reply like others.

 

thank you. glad to see all productive replies to this thread.

every husband is willing and waiting to file defamation/211/199 etc. etc. cases ona ll 498a wife and gang but when?

due to mixed reactions on this thread, very difficult to say when we file cases? during 498a pendency or after acquittal?

you can take action under perjury not defamation.

Warm Regards,

Adv. Nitish Banka

9891549997

Originally posted by : Rocky Smith
	Originally posted by : Sudhir Kumar get acquitted.  if left with energy and money then think of all these words "perjury" "defamation" etc.   Misguiding comments.

As along as a matter is subjudice in one court another court will not be able to takea view that the allegation is false.  So let him be acquitted, till then the thought of dafamation is premature and damaging.

 

At times people lay allegations but are not serious to purpsue and accused can get beenfitted by lethargy of complainant.  If prematurely disclosed the intention of dafamation then the  complainant can feel compelled to put entire energy to prove charges.  So it is better for him to forget the word "defamation" at this stage.

 

So this advise is not wrong.

Originally posted by : Ekta
	@Rocky, Can't we bring the same result by following different efficient approaches? If your reply is yes, then do you think, your below statement fits in this context we are discussing. "However, truth is always truth as velocity of light is always constant in every reference frame." Not convinced a bit with your reply like others.

 

@ Ekta,

 

Don't you think “Theory of Relativity” invented by Albert Einstein efficient enough to

Describe your view - "Since everybody sees the universe differently, it is not surprising that opinions would also be different"

????

And the truth is  -  As I have shown from very first line of 340 CrPC ???? 

sir if case say 498A is going then i file perjury in 340 read with 195 ,but if case is over and i want to file perjury then in which sections it is permissible?

again -- if i file perjury in running case that is 498A then will the process in 498A will stop and continued after decision of perjury application or both will run seprate and parallel.....?

Originally posted by : Sudhir Kumar
	Originally posted by : Rocky Smith Originally posted by : Sudhir Kumar get acquitted.  if left with energy and money then think of all these words "perjury" "defamation" etc.   Misguiding comments.  As along as a matter is subjudice in one court another court will not be able to takea view that the allegation is false.  So let him be acquitted, till then the thought of dafamation is premature and damaging.   At times people lay allegations but are not serious to purpsue and accused can get beenfitted by lethargy of complainant.  If prematurely disclosed the intention of dafamation then the  complainant can feel compelled to put entire energy to prove charges.  So it is better for him to forget the word "defamation" at this stage.   So this advise is not wrong.

 

@ Mr. Sudhir Kumar,

 

This advice is based on your own thoughts and belief which is not lawful.

I shall show you how.

 

I would like to highlight fist few lines of section 499 IPC as follows: - 

 

Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm

 

so clearly, if the accused having belief with sufficient reason that the imputations made in 498A or any other criminal case will harm him and his reputation then he can file defamation as well on top of it. 

 

 

Hope it is clear to you.

Originally posted by : 498A fighter
	sir if case say 498A is going then i file perjury in 340 read with 195 ,but if case is over and i want to file perjury then in which sections it is permissible? again -- if i file perjury in running case that is 498A then will the process in 498A will stop and continued after decision of perjury application or both will run seprate and parallel.....?

Answers : - 

a) In the same section by mentioning original case number.

b) Both will run in parallel.

It’s enough we had parleyed about this topic.

I strongly support Sudhir's Sir & the other's view, that its not a right time to file the lawsuits. But wait for the right time to arrive.

By simply filing a lawsuit of slander will not give you any succor, but you should have to wait till the disposal of the sheath.

Until then, your slander lawsuit might make a halt, with a cause that "Matters are considered to be sub judice"

Rest depends on the querist.