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Neighbour filed a fake FIR can I file a defamation suit against him
21-Feb-2023 (In Criminal Law)
Hi On 1st April 2016, one of my neighbor file a fake FIR as attempt to murder against my mother, sister and me. Actually before this incident, we have filed a case u/s 107 against this neighbor for mental harassment and using rough language to my sister and mother. To take the action this neighbor filed this fake FIR. The incident happened because she frequently been using rough language and was motivating two of her friends to misbehave with us. That day it was just an argument and quarrel, no fighting or injury happened. Main thing I was not present on the spot that day, was in office. Police submitted the charge sheet and the trail is pending.Can i file a case for defamation against them now and seek for compensation for the entire harassment or what the other steps i can follow.
Hello,
You can file a counter case against your opposite side. Appear daily at the time of evidence in the trial. Don't file absent petition. File a case for quashing of FIR before the Hon'ble High Court. After that you can obviously file defamation case against your opposite party.
Thank you.
You can file a counter case against your opposite side. Appear daily at the time of evidence in the trial. Don't file absent petition. File a case for quashing of FIR before the Hon'ble High Court. After that you can obviously file defamation case against your opposite party.
Thank you.
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Adv. Sougata Chatterjee
Kolkata | 100+ Answers
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Yes you can file case for defamation, under IPC as well as under Civil law. But, before that, try to collect the copy of FIR, Copy of chargesheet, and more importantly collect the police report to be submitted from the Police authority, with reference to the Petition u/s 107 Cr.P.C.
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Adv. Pritam Bhattacharjee
Kolkata | 25+ Answers
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Your query is very partial information as a whole. I have already informed you that you can file defamation on the basis of your query, it may happen that something else can also be done upon hearing the entire story and facts from day 1. To get ultimate solution discussion face to face is needed.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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Yes you can. But not at this stage. You should let me know the stage of the case.. i.e. whether the case against you is still in investigation stage or the Charge Sheet has already been submitted against you.
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Adv. Partha Ray
Kolkata | 25+ Answers
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First of all, u have to confess your previous conflict to your Ld.Advocate for the remedy about your recent case of 307 of I.P.C. yes you can file a defamation case against the stranger before any district court or High court but burden of proof lies on you and your family that the 307 IPC was a concocted and order should be in favour of you.
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Adv. Tanchan
Chandrokona | 25+ Answers
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