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When criminal defamation can be filed


24-Jun-2023 (In Criminal Law)
Dear Sir , I would like to know just one thing , A person had filed an F.I.R against me u/s-379/354(B)/506/384/120(B) IPC in the year 2018 & after that the local police station had given me a notice u/s-41(A) of Cr.Pc & the said notice had duly been complied by me & the investigation has now been completed & the charge sheet has already been filed against me with only SEC -506 of IPC & other sections have been withdrawn by the said I.O & this time the trial has not been commenced yet & I decided to go to the H.C for quashing the charge sheet along with the F.I.R so my question is that if H.C will quash this case then after quashing can I file defamation case against the defacto complainant ? Is it right time ? Or Should I wait for the trial & after acquitting should file the defamation case against him ? Which is the correct time or stage to file this defamation against him ? If possible pls reply me . Thank You.
Answers (2)

Answer #1
871 votes
In my opinion you can file quash petition before the Hon'ble High Court under section 482 of the Code of Criminal Procedure for quash the criminal proceeding against you. And without detail discussion and document review proper consult is not possible.
Answer #2
632 votes
You can obviously file queshing in this stage because in the charge sheet all the offences are omitted against you except section 506 IPC. But it is to see that what grounds is written in charge sheet against you. It depends on the circumstances. It is depend in what situation you have committed Sec. 506 of IPC. All the materials are written in charge sheet and it is to be seen first after that you can file the case.
Thank you.

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