Legal Question in Criminal Law in India

Sir, in the yr 2004,there was an incidence of suicide by burning by an women who was my next door neighbour. a criminal case was started against the husband & in-laws of the decessed filed by the father of the decessed. however, the case was later taken up by cid west bengal who in the yr 2006 arrested me merely on suspicion & filed a case under sec 302 of ipc against me. the case was heard at session court barrackpore and recently the hon'ble court gave his verdict completely in my favour.

in the mean time, within one week of my arrest, one tv channel, made a fabricated crime thriller on this case projecting my character as a rapist and murderer. they even took my live photographs and shown in that channel. though the case diary which was submitted by the cid, never claimed that the woman was raped before murder, and the matter was sub-judice, the tv channel had defamed me before my family, friends and society as a whole.

i, therefore, want to know, whether i can make a defamation suit against the channel. being a central government gazetted gp'b' post holder, how much amount should i claim ? whether it would be advisable to file the suit at kol hc or in lower court ? whether the channel will be the only party or i have to make press council of india and cid other parties?

regards,

d.bose, kolkata


Asked on 1/15/13, 10:12 am

3 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

16.01.2013

Dear D Bose,

Your case in question lies one to one with the MD of the TV Channel owner. But at the outset, let me caution you that you will be putting your job in jeopardy, considering the fact that you are a central government gazetted group 'B' post holder. If you are well prepared and are ready to take the risk, go ahead -

A compensation claim of Rs. 10 lakhs from the TV channel for defamation is the ideal bet.

A claim letter has to be first written to the MD copied to the legal department of the TV channel seeking their explanation vide a reply to your letter. Action at the District and High Court levels follow later.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for further on-line advice at [email protected])

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Answered on 1/15/13, 9:44 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Engage a local expert lawyer and proceed

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Answered on 1/15/13, 11:53 pm
Shrichand Nahar S.V.Nahar, Advocate

You need to consult your lawyer with all the details and documents. Most of the queries posed by you require knowing details and documents in extenso.

Broadly, one may initiate suit for damages for false accusation etc. However, if acquittal is by giving benefit of doubt then matter is to be looked from different perspective.

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Answered on 1/16/13, 3:08 am


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