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What is the process of filing the a criminal case
02-Jul-2023 (In Criminal Law)
Respected Sir/Ma'am, Firstly, I wanted to know the process of filing a criminal (under sec. 499 of ipc) and civil defamation case. Specifically, I wanted to know if the same can be filed directly in High Court or can it only be filed in the district courts. Secondly, the defamation case I am thinking of filing arises out of a book in which defamatory material was published about me. In this book, though my first name was changed, but my last name was kept the same. For instance, the author of the book, while making false statements about me called me, Utkarsh Deshpande; rather than, my real name which. So basically I want to know if defamation case can be filed in these circumstances.
You can file a defamation case and ask for compensation from the author of the book if you feel that he or she had defamed you. It is highly obligation to write bad things about anyone. Don’t tolerate and proceed for a defamation case.
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Adv. Aman Khullar
Delhi | 100+ Answers
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for a criminal defamation you need to lodge a complaint with the police and only after investigation charges would be framed. for civil you may try and sent a legal notice although it is not mandatory but there are possibility of cease and detest of practice
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Adv. Palak Nenwani
Delhi | 100+ Answers
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Yes you can file a criminal suit under section 499 of the Indian penal code for defamation. In your case it is a libel. It can be viewed as a civil offence as well as criminal offence. There are few things you have to understand before proceeding. Make sure it's obvious that the written statements are intended to harm your reputation and image in public. In civil defamation, you can move high court or subordinate courts for seeking damages in the form of monetary compensation from accused. In criminal case, you need to file a petition before the court of judicial magistrate under section 156(3) cr.p.c. seeking direction to police to initiate proper legal action on your complaint. Consult a professional help to draft a proper complaint.
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Adv. Shipra Satija
Delhi | 25+ Answers
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