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Criminal case filed by unknown person can i file defamation case
06-Oct-2023 (In Criminal Law)
i along with 6 others were implicated in a criminal case u/s 354a2 366 148 149. the main witness turned hostile and said in her statement that i came to the crime location to party and i donot know who complained and that the number used to call the police doesnt belong to her. we were acquitted in 25 november 2015 with section 344 crpc proceedings on the complainant for giving false evidence. I want whether i can file a defamation/compensation case on the police/complainant. also i would like to know that the newspaper reported the news saying " pg me le jakar kari chedkhani" Can a newspaper write like this giving judgement in its statement???
Sir,
There is no reason why you should not file a case for defamation, rather two. Defamation is both a civil wrong and a criminal offence as well under the Indian Penal Code, 1860. You should file a case for compensation under various heads (defamation, mental agony, loss of reputation, etc.). You should also ask for punishments prescribed under the Indian Penal Code.
The rest when we meet.
Abhinit
Advocate
There is no reason why you should not file a case for defamation, rather two. Defamation is both a civil wrong and a criminal offence as well under the Indian Penal Code, 1860. You should file a case for compensation under various heads (defamation, mental agony, loss of reputation, etc.). You should also ask for punishments prescribed under the Indian Penal Code.
The rest when we meet.
Abhinit
Advocate
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Adv. Abhinit Das
Delhi | 25+ Answers
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You can file damages and defamation case in civil as well as in criminal court against the complainant although you can't file damages against police because police is bound to register a case on receipt of an information pertaining to a cognisable offence.whether the information is true or false is a matter of investigation. You can also file damages against news paper.
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Adv. Harish Chandra Yati
Noida | 100+ Answers
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You and other six have following remedies.
1. Compensation may be sought under section 250 of CrPC, 1973, from that Magistrates court, against the persons who have knowingly filed false FIR / complaint.
2. Writ of Mandamus may be preferred before respective High court seeking exemplary Damages / Compensation from respective State Government for “malicious prosecution” by the Police.
3. A Suit for exemplary Damages for Defamation or Suit for compensation for malicious prosecution can be filed against the person who has filed the false complaint, including against the Police.
1. Compensation may be sought under section 250 of CrPC, 1973, from that Magistrates court, against the persons who have knowingly filed false FIR / complaint.
2. Writ of Mandamus may be preferred before respective High court seeking exemplary Damages / Compensation from respective State Government for “malicious prosecution” by the Police.
3. A Suit for exemplary Damages for Defamation or Suit for compensation for malicious prosecution can be filed against the person who has filed the false complaint, including against the Police.
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Adv. Urfee Haider
Delhi | 200+ Answers
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