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Rubel Aranha (clerical)     03 May 2014

Harassment by neighbor

One of my friend's neighbor always having  quarral one after another , and complaint made  to police and police gave NC also section 294,506, 323 and criminal case has been registered against him my question is can she file DEFAMATION case against him. Oblige  



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 5 Replies

Kiran Kumar (Lawyer)     03 May 2014

Its not always a matter of filing a case against particular person.  It all depends upon facts and circumstances of the case.

 

If words spoken by the said accused or the conduct of the said person constitute an offence under S.499 & S.500 of IPC then you may proceed with such criminal proceedings against him.

 

Since the entire set of facts in not mentioned, it will be appropriate to discuss the matter with some local lawyer and proceed accordingly.

Dr J C Vashista (Advocate)     03 May 2014

Academic query and unexplained incomplete facts.

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     03 May 2014

If any false criminal case was lodged and ended with in favour of the accused, she can claim compensation by filing suit for malicious prosecution.  

 

Note that If the police has not referred the matter as mistake of fact or false, she has to get bail.

 

The other remedies in the criminal case  are

1).she can approach the High Court to quash the Criminal proceedings initiated against her.

2). She can approach the trial court (after filing charge sheet) to discharge her.

3). She can defend the case by conducting trial.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 May 2014

All advice given are circuitous solutions.

It is necessary to analyse things. What are the behavioral traits of the neighbor? Does he quarrel with other neighbors also? It appears the neighbor is making complaints on and off. Is there any common factor in all the complaints? A complaint could be totally false, may contain half-truths or may be genuine. Even if a case is genuine, the response of the neighbor could be out of proportion to the degree of seriousness of the case. Any suggestion either through the legal process or otherwise can be given only if details are known.

T. Kalaiselvan, Advocate (Advocate)     05 May 2014

In simple, if the present police case has been proved to be wrong and the case has been dismissed by the court, then the accused may contemplate to initiate libel case against the defacto complainant.


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