LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

VIJAY (Shift Manager)     17 September 2012

Defamation complaint

On 13th sep 2012,

we had a small Traffic issue near our residence. Myself and my wife were going in Car.

On the opposite side a husband and wife came in 2 wheeler . he suddenly put right indicator and turned the scooter. I took immediate action and took my car towards right and avoided the accident. But the 2 wheeler fellow quickly spoke a very bad word. so i really got frustrated and stopped the car and went to him . I raised my hand but i did not beat him since i realised that he is a man of about 45 years age.

This happened right near the other person's house. so he called all his neighbours.

While the men were arguing, His Wife slapped my wife twice and spoke very bad words. She also went on to throw stones at my car and damaged the car. My wife is a very soft nature and hence did not retaliate.

We quit that place with disgrace. My wife is against taking this issue further. so i couldn't raise any complaints so far.

I know their house but i could not note down their vehicle number, name etc.,

is it possible to take a strong action now ?

How should we approach if a similar incident happens again ?

rgds....VIJAY



 5 Replies

rahul (director)     17 September 2012

You should file a police complaint within 24h and keep that copy for further action.

Sudhir Kumar, Advocate (Advocate)     17 September 2012

criminal action agains tthe both. 

VIJAY (Shift Manager)     18 September 2012

But How should I prove the truth.

Is there a chance of the other party turning it on with false witnesses (coz., the incident happened near their house, so the witnesses may support them even if it's against the truth).

please advice.

Sudhir Kumar, Advocate (Advocate)     18 September 2012

he has befor ecommitting the crime collected witnesses.  You are witnesses. Your broken car is evidence. 

 

You have subtantially lost the case by now.

 

By today you have wasted 5 days whereas police makes a promise of reaching within 10 minutes of dialing 100. 

 

If you had called the police then and there then in that case there would have been breath alayser test (if drunken police would have shown him series of law), his license, his helmet (of both) would have been checked,  insurance and RC of both vehicles would have bene checked, site would have been photographed. In thana they would have begged before you to let them go on payment of cost of damages. His wife would have been charged under section 323, 425.  In case she had used vulgar language (at time seen  in woman to woman  fight if the offending woman is of hooligannature) the section 294 would also have been there.  So the offences are much more serious than mere defamation (non-cognizable and balaile offence) you are talking about. 

 

His neioghbors may have collected only to hlep him in distress, you cannot beleive all of them to be hooligans and supporting smashing of car like youngster goondas.

 

Take care, it is you who initally wen to hit him whe he was merely abusing .  It is he and his wife who exceeded right of private defence.  So don'nt expect you to go unscrathced.

VIJAY (Shift Manager)     21 September 2012

Thanks Sudhir for the detailed reply.

Should I face such a  problem next time, I will call 100 immediately.

Thanks...vijay


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register