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Is FIR is mandatory in filing a defamation case against my neighbour


26-Feb-2023 (In Criminal Law)
My neighbour has crossed all the limits of character assassination and threatened to muder .police complaint is filed against them but till now no FIR is registered.what should i do to file a defamation case against them.
Answers (5)

Answer #1
961 votes
Police officials will never convert your complaint into an FIR. You need to file your complaint to the higher authorities and then file a 156(3) before the magistrate of your area for the same. For more legal assistance I am just a call away.

Answer #2
546 votes
We would like to peruse the contents of the complaint filed to give our considered opinion. Since your neighbour has threatened you , a compaint in this regards must be given by you, on which police needs to register an FIR for criminal intimidation. Defamation case can filed through a criminal complaint under section 499 IPC and you may file a civil suit for defamation and claim damages.
Answer #3
551 votes
hello client as i can see your issue is very urgent . as your FIR is nit registered till now so you you can move to court for the registration if FIR by the help of court so your FIR can get registeres.
Answer #4
945 votes
You can submit your complaint to higher rank police officers as DCP/SP. If they are not making your FIR, you can file an Application Under Section 156(3) CRPC before your area Magistrate for filling the FIR. For understanding the procedure you can consult a lawyer also.
Answer #5
697 votes
First send them a Legal Notice clearly mentioning your Case briefing, what you want, Defamation Sections under IPC, Damages etc. After, sending a Legal notice, file a Defamation suit u/s 499,500,501,502 with the magistrate.
You can also make police a party in the case, for not registering FIR.
For, more consult a reputed Criminal Lawyer.

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