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Can a criminal defamation petition be dismissed by the court citing no details of witnesses in the o


04-Jun-2023 (In Criminal Law)
Can a criminal defamation petition be dismissed by the court citing no details of witnesses in the original petition? The court examined the online defamatory material (Certificate 65B was furnished) ); found it defamatory, but then dismissed the petition, without summoning the defendants, saying no details of public witnesses were provided in the contempt petition! Operative part of order is - if no public persons comes before the court to depose as witness, court can't proceed further.
Answers (3)

Answer #1
701 votes
You can always file an appeal before the higher court against the order passed by the concerned court. And in that appeal you need to write that the court must have at least summoned the defendant and testify his/her statement on oath. Absence of witnesses doesn't mean dismissing the petition. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #2
875 votes
Order passed by the Learned COURT may be challenged if you feel aggrieved. kindly share full Order copy to read it for better advice and for better opinion. We may provide first free consultation to discuss your legal issues through video conferencing consultation or through telephonic discussion. Kindly consult us.
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Advocate Harbansh Kumar Chaturvedi

Adv. Harbansh Kumar Chaturvedi

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Answer #3
641 votes
as you have mentioned in your query so the petition you havw fillee got dismissed in the wrong way tht is sure but the sam epetition can be revived again if you want to go with it but it should be with your cimpitant lawyer only and matter should be put up before high court urgently
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Advocate Vishwanath Pratap Singh

Adv. Vishwanath Pratap Singh

LawRatoDelhi | 1000+ Answers
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