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When to file a Defamation case after a False FIR against me ?


16-Jun-2023 (In Criminal Law)
Hello everyone, nnDue to an ongoing property dispute between my Mother and my Aunty (case pending in civil court) my Aunty has filed a FALSE FIR that my parents and I have threatened to kill her. Now, the local thana has, without any investigation and clarification, filed an FIR against us in IPC 294, 506 and 34 for which we have taken a Bail from Court in Gwalior, MP.nnI want to know how and at what stage I can file a Defamation case against my Aunt ? Can I file the same in a Delhi Court ?
Answers (5)

Answer #1
960 votes
Yes...if you are on bail then you can anytime file a defamation suit against her. And if you are staying in Delhi and have any residential proof of Delhi then you can go for the filing of the same. And you should also go to the HC for quashing of the FIR that is registered against you and your mother. 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
750 votes
Yes you file defamation case against your Aunty as per the False FIR, and she try to defame your reputation. Jurisdiction to file the case at where your residing and cause of action. You can connect us for more information. Thank you
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Advocate Himanshu Jain

Adv. Himanshu Jain

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Answer #3
745 votes
First of all, lodging an FIR against your mother doesn't amount to defamation. Whosoever has guided you has guided you wrongly. However, you can file a cross case against her for malicious prosecution along with other offences as applicable. As far as jurisdiction goes, if your mother resides in Delhi she can file it here. How to do it, call me and find out.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

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Answer #4
667 votes
answer to question number 1 you cannot your cases pending idhar you get your FIR quest you have to wait for a quital present case Island mission case now as far as depending upon signature of deformation civil law clear your procedure doubt in code of civil procedure as well as code of criminal procedure both says friction will be decided on the basis of the place where the crying it has to be Gwalior thank
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Dr Ajay Kumar Pandey

Dr Ajay Kumar Pandey

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Answer #5
849 votes
You can’t file defamation case on the basis of this FIR against you until u r discharged or get acquittal. If you have any conclusive evidence you can ask pooice to file FIR against them or you can go for 156(3). Kindly b in touch
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Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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