SSP (XYZ) 16 March 2016

What is Criminal defamation

Hi Dear Sir,s

Recently my self and my family members got Acquitted from IPC 306. In the Judgment, it states clearly that Investigation failed and office is directed to send a copy of judgment to the Director General of Police, who is directed t take departmental action against the erring police officials against SI at that time other wise it will be considered as contempt of court.

Brief facts on my case is some differences arosen between me and my wife due to her adamant behavious, and she is staying in their parents house.. Due to some internal quarral, my Mother in law comitted suicide in their house. Taking this advantage my Wife and Father in law bribed the police and filed a false IPC 306 case on me and my family. Saying that we demanded her daughter for additional dowry and we all quarralled with my Mother in law for addtitonal money and she got insulted and Hanged herself.

Questions:

1. What is Criminal Defamation? On what grounds it can file?

2. With the judgment i got from session court, can i file a criminal defamation against my Wife and Father in law?

3. Can i file Criminal defamation against Investigation officer (SI) at that time?

4. If yes what is the procedure for filing criminal defamation? and what grounds i can show?

5. Usually what are the winning chances in criminal Defamation?

Thanks

SSP

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4 Replies

SSP (XYZ) 17 March 2016

Hi Sir,s

Can anyone throw some suggestions on my above post.

SI got bribe from opposite parties and he man handled my old aged parents including my grand father aged 90 years.. After one month he filed another false criminal case and harrassed a lot.

Since we got acquitted from IPC 306 case, i want to teach some kind of lession to Investigation officer (SI) and the opposite parties..

Please Advise me on what way i can teach lession to those culprits..Is it in the way of criminal defamation (or) any other possibilities..???

Thanks

SSP

SSP (XYZ) 29 March 2016

Originally posted by : SSP
	Hi Sir,s Can anyone throw some suggestions on my above post. SI got bribe from opposite parties and he man handled my old aged parents including my grand father aged 90 years.. After one month he filed another false criminal case and harrassed a lot. Since we got acquitted from IPC 306 case, i want to teach some kind of lession to Investigation officer (SI) and the opposite parties.. Please Advise me on what way i can teach lession to those culprits..Is it in the way of criminal defamation (or) any other possibilities..??? Thanks SSP

Pawan S (Advocate) 30 March 2016

Perjury
211 IPC
Damage suit
defamation
Writ Petion in HC against the state since state also a complainant

Criminal defamation against defacto complainant, along with civil suits.Perjury against all those who gave false evidence in court, provided you have document to prove they are wrong and had given false evidence wilfully. Please have it in mind, you were acquitted only in trial court, in appeal the appellate court may have a different view on the same matter . So it is better to take all these things in to consideration before venturing in to it.

Ensure you hit ball at right time . Wait for 90 days after judgement of aquittal is pronounced.
Try to read chief and cross of case 5 - 10 times and apply and then see what all else cases can be filled.

Regards,

Ekta

SSP (XYZ) 01 April 2016

Thanks for yur Reply Ekta Medam,

There are no much difference between chief and cross examination. But there are some Contradtictions betwen crpc 161 and cross examination. But unfortunately Judge did not mentioned any of contradictions and omissions in his judgment. He only written about failure of Investigattion. Also he mentioned in hi judgment as follows.

"In the Judgment, it states clearly that Investigation failed and office is directed to send a copy of judgment to the Director General of Police, who is directed t take departmental action against the erring police officials against SI at that time other wise it will be considered as contempt of court".

Accroding to judgment can i file perjury against (SI) investigation officer only ? (or) can i file against false witnesses?

Thanks & Regards

SSP