Defamation

Originally posted by : Ekta
	@Rocky,   Can you please clarify the below queries?   Assume, slander completes first & the verdict is in favor of A.   And then what will happen with 498A process?   Can one assume, that the court will stop 498A proceeding  immediately & provide its judgement of 498A based on the judgement of slander & this will be in favor of A?     2. Assume, 498A completes first & the verdict is in favor of C.   Then what will happen with the slander suit. Whether the slander suit close abruptly?

 

@ Ekta,

The answer is simple - 

 

Ultimate objective of every legal system is to arrive at truth, punish the guilty and protect the innocent. There is no scope for any pre- conceived notion or view.

 

If accused can prove that the plaintiff as false by leading evidences then the same court will take cognizance against the complainants.

Originally posted by : Rocky Smith
	Originally posted by : Ekta @Rocky,   Can you please clarify the below queries?   Assume, slander completes first & the verdict is in favor of A.   And then what will happen with 498A process?   Can one assume, that the court will stop 498A proceeding  immediately & provide its judgement of 498A based on the judgement of slander & this will be in favor of A?     2. Assume, 498A completes first & the verdict is in favor of C.   Then what will happen with the slander suit. Whether the slander suit close abruptly?   @ Ekta, The answer is simple -    Ultimate objective of every legal system is to arrive at truth, punish the guilty and protect the innocent. There is no scope for any pre- conceived notion or view.   If accused can prove that the plaintiff as false by leading evidences then the same court will take cognizance against the complainants.

I don’t have any pre-convicted notion. Please provide specific answers to my questions.

 

what about my query ? related to same......

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@ Mr. 498A fighter,

 

Pardon me for delayed answer.

 

Yes, you can club together all contradictory points of RCR, Divorce, Maintenance pendent lite and 498A FIR together and file Perjury (Application u/s 340 CrPC read with 195 CrPC) upon 498A plaintiff in the same court where 498A is going on.

 

I am trying since long time to make all victims to understand that this is a very good approach to prove plaintiff as false – which is our ultimate millstone. 

 

Please see the link below: - 

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

@ Rocky Smith sir no reason to pardon for delay we can understood but i am heartily thankful to you for your valuable guidance: sir in 498A evidence my mother in law in cross said " agar do din pahle ka bhi aap ppchenge to mujhe yaad nahi rahta, mai aaj ye nahi bata sakti" but in sec09 evidence in jan 2010she gave her evidence statements with full energy. when she gave opposite statement to that in 498A and my advocate shows old statement then she told like that' now query is : on account of this will she be comes under perjury ? { as already she is saying due to my old age and ill health i am not able to say anything today" but her lines comes at last when almost cross comes to end and when adovacte showing proofs she puzzled and scared and lastly told like that... please guide here also thank you

All contradictory statements given on oath can be challenged for inquiry under section 340 CrPC (Perjury).

sir i think you dont understood what i want to say; 

sir in 498A evidence my mother in law in cross said " agar do din pahle ka bhi aap ppchenge to mujhe yaad nahi rahta, mai aaj ye nahi bata sakti" this is on 17 june 2015 and this is statement she utterd when my advocate try to reminde her that she had fiven different statement in sec09 cross that was in january 2010[ in january 2010 she told my daughter came with her father and his friends ]

{in 17 june 2015 she told daughter came with her father and her borther but no other person was there}

soon she realiaze she is going wrong so she said " i cant remember whatever happens just two days before i cant remeber"" this staement make her escape from her contradicotry statement..or not t?

can i file perjury against her as my intention to make culprit to wife if they were two will the court acted softly against them..?

 

Every individual case has its own merit hence difficult to understand.

However, I believe all individuals understand his own case merit better than Advocates. Only they may stuck technically.

Hence I made general comments that any two statements made on oath contradicts during cross-examinations and/or other petitions can be challenged for inquiry u/s 340 CrPC.

You can also file multiple 340 petitions in the same court for any future contradictions. 

yes thats why i am asking whethe i file one petition for one person or in one petition i can file for both wife and for mother in law......................

or for wife seprate petition and for mother in law another perjury petition

I believe you are going to file perjury against 498A plaintiff where the main 498A criminal case is going on.

 

Assuming this,

 

My opinion is,

You need to file against complaints in one petition only.

yes as in 498A evidence wife and MIL gave contradicotry statements that is in 498A in june 2015 and in sec09 in 2010 also wife gave contradiction in sec24 under sec09 in 2010 and her  second sec24 under sec 13 filed in march 2014. again in her application of first sec13 filed in sept 09 get dismiss in that also she made different statements so all club together in perjury 340 read with 195

so here i asked should it be filed against wife only or with against mother in law in same petition as she gave above mentioned statemnts

you assume rightly....

11 page perjury fully drafted

one more query

;in fir fake signature of wife made by SHO in evidence wife told it was my signature but she told time of incident is different and the time mentioned in FIR is different [ actuaaly she not read fir fully] whatever her advocate told she said in court.

it is fault of SHO she made her fake signature but wife said that are mine, it comes in cross, but time of incident in FIR and wife told in cross both are totally different so who will responsible SHO is responsible but wife said it was my sign so wife have to suffer

can i include this point in perjury against wife?

or  against SHO [ note: SHO already punished for not following CRPC rules in this case]

I said file perjury against the complaints – that is -

 

a) The State

b) and others (Your wife and/or who have signed the FIR)

ok i explain it \ in fir on page of map of place and seizer report the time mention and it is signed by wife ok

now while in cross wife accepted that those sign made by herself ok

but in corss she told different time of mapping a place and seize of article also place where my laptop and mobile took by police is dfferent as wife cross [ she told it is collected from home by police\ ] 

but in report police told wife submitted it in police stattion\

now siganture are also fake actually they made by SHO but wife told i signed them

[actually they are different thatn regular signature of wife.] this is point now i am filing perjury against wife so should i use this against wife ?

or agiant police also ths Same SHO punishe in my case for not following crpce rules during my arrest...

ok got it , i am till now drafting tagainst the complainants.......