When to file defamation case?

After the decision of the case and it is proved that they have defamed the said person.

Mr.Vivek ,

        Thanks for your reply.We have noticed 5 accused persons assauted the senior citizen.Although we have mentioned 5 persons in the private complaint mentioning 5th person as a known person which we can identify him . We have given adresses of only 4 local persons and the 5th person name and address not known but he is associated with these four persons.Now last week the district court issued summons to only 4 persons through local police .

Now we wan't to know how the court will issue summons to 5th person?and secondly we would like to know if the crime is proved in the court can we ask compensation directly in the court or shall we file defamation case seperately?How much compensation we can claim from each person as allt hese 5 persons are rich doing real estate business? please give your valuable advice.

Thanks

Narayana Swamy

It is immaterial whether the person known or unknown to the complainant. What matters is that commission of some offence by the accused.Investigation will bring the un-named person in court of law.

Defamation cannot be proved,as in my view,it's not defamation.The view of the accused in proving defamation should be malice intent and with your version of query it seems that it was only done in vengeance and anger.

facts given by you are too sketchy to decide if defamation is made out or not.