Need advice on defamation case

545 votes

Whether it is police complaint or case. Usually in assault cases police complaint will be filed then if it is registered means F.I.R will be filed by the police within 24 hours and presented before concerned jurisdictional court. In these kind of cases you have to apply for anticipatory bail to safe guard yourself, so let me know what is the nature of case and where it is pending ? I am not aware about Middle East law hence I can't comment on that.

Advocate Rajesh K.S LawRato

539 votes

Question: I am currently in middle east. My sister has applied for a divorce from her husband as she is tired from his mental harassment. A month back I was in India, he confronted me and we both had a argument and now he has filed a fake case that I have physically assaulted him. The case was filed after I left from India. What actions can be taken on him ? Can I file a defamation case or whatever applicable from middle east ?

Ans: You can seek for quashing the said complaints. you can also file a separate case for defamation through a power of attorney holder against him.

Advocate Girish Kodgi LawRato

906 votes

If your brother-in-law has filed a fake case then i suggest that you should not neglect the same if it is pending before the criminal courts since you are staying in middle east for your job. Better you fight the case by sending Vakalathnama to your advocate(only if the case is pending in the court) to represent on behalf of you & to plead on behalf of you. Further file a defamation case in the civil court as per your wish.

Advocate Jagadish N LawRato

924 votes

you can file suit for damages against the person for having made false complaint against you

2) court fees is state subject and varies from state to state

3) court would not refund your court fees if you lose the case .

4) you can file private complaint of criminal defamation before magistrate under section 500 of IPC . limitation period is 3 years

5) Supreme court has held in the case of Surinder Mohan v. Asharaj 1978 (2) SCC 403, that the limitation shall commence from the date on which the accusation has been made and not from the date of acquittal in the criminal case

6) under section 473 of Cr Pc any Court may take cognisance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice."

Advocate Siddhant Sharma LawRato