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Praveen (Sr.Officer)     15 January 2010

Defamation suit to the Govt department

What is the procedure of filing a defamation suit to the State Govt Department for falsely implicating the person on primafacie assumption.?

Because of issue of arrest warrant in this case the person had to spend days behind bar. He is a ex - employee /retiered  employee of PSU.



Learning

 7 Replies


(Guest)

It's like filing a regular suit for damages (money suit) on civil side. On criminal side, you may file a complaint u/s.200 Cr.P.C. for offences u/s.499, 500 I.P.C. before a magistrate. But from your query, I am unable to infer the stage of the case at present. It's advisable to initiate any legal proceeding against the State only after the acquittal of the accused.

Praveen (Sr.Officer)     15 January 2010

At present trial of case is not yet sarted. Its true that after the acuital of accused it better to go for defamation suit.. Thanks for suggestion

 

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     16 January 2010

proceedings for Defamation can be initiated only if there is publication of defamatory matter.

You can file suit malicious prosection, provided you are acquitted.

Bhartiya No. 1 (Nationalist)     17 January 2010

Sir after acquittal, till when we file for malicious prosecution case against an individual. i.e. what is the limitation period.

mukesh aggarwal (advocate)     17 January 2010

One Year

1 Like

Bhartiya No. 1 (Nationalist)     24 January 2010

Can suit  for compensation (or criminal suit) be filed against a govt. dept. (Revenue dept.) which initiate an action with malafide intention to harrass an individual? Do govt. dept. ahve legal immunity?

Parveen Kr. Aggarwal (Advocate)     28 January 2010

Although the statutes dealing with subjects provide immunity to the officers acting under them by making specific provisions in the statutes yet none of them saves an official whose acts lack bona fide. Besides initiating civil proceedings against such officials if it is established that the act was mala fide to cause injury to a person, prosecution under section 166 of the Indian Penal Code can also be launched against such erring official.

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