Defamation suite when criminal case pending

Dear Querist,

It is quite common to witness vexatious litigations that are devised solely to harass and torture the other party. Law provides various ways to deal with this issue of defamation. Not only the defamed party can ask for damages by way of a civil defamation suit or malicious prosecution or both, but the person can also initiate criminal proceedings qua a criminal defamation complaint. Moreover, the person can initiate both as it is a trite law that civil and criminal proceedings can go simultaneously qua the same cause of action.

However, there are different processes and different time limits for a civil defamation suit and a criminal defamation complaint qua the same vexatious litigation.

Law provides various ways to deal with this issue of defamation. Not only the defamed party can ask for damages by way of a civil defamation suit or malicious prosecution or both, but the person can also initiate criminal proceedings qua a criminal defamation complaint. Moreover, the person can initiate both as it is a trite law that civil and criminal proceedings can go simultaneously qua the same cause of action.

However, there are different processes and different time limits for a civil defamation suit and a criminal defamation complaint qua the same vexatious litigation.

In the case titled Shri Ram Singh Batra vs. Smt. Shran Premi, the Hon’ble High Court of Delhi propounded the following four essential ingredients to initiate a suit for malicious prosecution:

Plaintiff was prosecuted by the defendant;

The criminal case was terminated in favour of the plaintiff;

The criminal case was in bad faith; and

There was no reasonable cause to initiate the criminal case.

Regards,

Palak

Sir thanks for your reply, When criminal case is pending and person being a govt servant supressed that criminal case before givernment, such are facts the accused went  a ahead to file defamation claim the fir is not false when same is pending before court. How is such claim and defamation based on such claim is acceptable, besides the claim itself amounts to interception with due course of law in a pending case, what does it amounts to?

1) false allegations?

2) criminal contempt of court? 

Mere complaint or FIR filed does not constitute a pending criminal case, unless the accused has been served with the summons to appear in the trial court.