amit jain (service) 20 October 2017

Defamation case

I would like to know that can I file first criminal defamation case and then after 2 months can I file civil defamation case? also, what is the procedure for filing criminal defamation case if accused had given wrong legal notices and police complaint and infact I can prove in court that they are not following the law. They had deliberately sending notices on my present employer to threat me. I would like to go for filing complaint myself. I am not lawyer.

Reply Follow

7 Replies

Siddharth Srivastava (Advocate) 20 October 2017

It is correct approach to file criminal case and then follow civil case. Giving wrong niotice does not amount to defamation. Are you acquitted from criminal case filed against you? If yes, then you can proceed for defamation. Approach an advocate and get issued notice for defamation. Not following law does not amount to defamation so the question in this regard is irrelevant. Consult a lawyer with details.

manoj 20 October 2017

you dont have right to file criminal complaint or defamation suit or even civil suit for giving wrong address. First your case should be ended with acquittal or referred as civil in nature or when the police discharged the charges against you when investigation found that there is no case against accused.

manoj

advocate

8686159292

N.K.Assumi (Advocate) 20 October 2017

You can use Section 211 IPC.

Nitish Banka (lawyer) 20 October 2017

Defamation case can be filed under section 200 crpc in criminal suit and civil defamtion can be filed 3 yrs time

Read this to know more

https://lexspeak.in/2014/12/the-essence-of-defamation/

amit jain (service) 20 October 2017

Sirs, I lost my job since they deliberately served notice on my office address even though I provised them my residential address. infact first legal notice was served which I timely replied twice but after a month they went for police complaint against me for threat of kidnapping and cheating. I provided 56 pages evidence to police in my reply. Again police summon was issued on my office address. So what should my approach? Shall I go for criminal defamation first and then can I file civil defamation let say after admission of criminal defamation? is this allowed? what other case can be filled.

Siddharth Srivastava (Advocate) 20 October 2017

You were required to consult a lawyer before submitting your 56 pages reply. Issuance of summons/notices gives a serious note of investigation. How you were defamed on filing of complaint and police investigation or on issuance of notice by police? No case of defamation is made out. Consult a lawyer with all details instead of putting such queries. Several legal professionals have already advised you in this regard.