Legal Question in Criminal Law in India

defamation suit

I AM TENANT IN CHANDIGARH.THE LANDLADY HAS FILED FALSE CRIMINAL CASE AGAINST ME U/S 156(3) AND SECTIONS 419,420,467,468,506,120(B) ONLY TO HARASS ME AND MY WIFE SO THAT I SHOULD VAVACE THE PREMISES.CAN I FILE DEFAMATION SUIT AS RENT PETITION IS ALREADY PENDING AS CIVIL SUIT AND MAGISTRATE CANNOT PROCEED IN ANOTHER CRIMINAL COMPLAINT SUSEQUENTLY.IF SUMMONED,SHOULD I APPROACH HIGH COURT.

THE BRIEF FACTS ARE:

Can a magistrate initiate proceedings against forgery and fabrication on a photostat copy of a document.actually,the document was given by a deceased person and never challanged during 4 years od civil suit.and also his presence.now,the document has been lost,but certified copy notarised is with the tenant. and the new landlady is claiming it to be forged one after the death of the real landlord only to mislead the court and trouble theinnocent tenant.,which is total abuse and mis-use of law.this document is also been applied for leading secondary evidence in the first rent petition.a ddr with police was also lodged and punjab high court was approached for leading secondary evidence and amendment of written statement,but was dismissed on the ground that trial court is giving liberty for moving application for secondary evidce


Asked on 3/11/08, 7:39 am

3 Answers from Attorneys

Re: defamation suit

In past,I have already given detailed reply to this query.Opinion shall not be changed even if you choose to put this query again and again in different forms.consult with details,professional charges are applicable.

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Answered on 3/11/08, 11:32 am
Vivek Mapara Vivek N. Mapara

Re: defamation suit

Pendency of civil suit is certainly not a bar to the initiating of criminal proceedings, the scope of both proceedings is different.

But since civil suit is pending, where in the genuiness of the document can be tested, hence criminal proceedings can be sayed pending the civil suit.

But defamation suit is not maintainable, since the complaint is still pending, and yet to be decided. If you suceed and only after the coplaint is quashed, on the ground that it is false, thereafter u can file suit for malicious prosecution.

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Answered on 3/11/08, 1:56 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: defamation suit

Filing of criminal case can not amount to defamation. If you otherwise have a prima facie case of defamation, you can file a case.

As far as case of forgery against you is concerned, there is no limitation to initiate the case. Rest is matter of merit, which can be decided by the court.

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Answered on 3/12/08, 1:30 am


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