Suit for Defamation

Querist : Anonymous (Querist) 01 March 2010 This query is : Resolved
Respected Sir,
A suit for permanent injunction's proceeding were going on in which our lawyer filled our Written Statement in which he wrote that plaintiff have illicit relation's with the local goon .Later on suit for permanent injunction was dismissed and withdrawn by the Plaintiff. But the plaintiff moved to the criminal court under IPC 500 as a defamation under section 200 . and got summons issued from MM could be without disclosing all the facts and circumstances . In the permanent injunction plaintiff once send us a legal notice for the demand of 10 lakhs and apology . But our Lawyer didn’t bothered about that as a result the plaintiff filed a suit for defamation in the court of MM. My question is that if a Civil proceeding is going on and the words which the plaintiff felt as a defamatry said in WS and the suit is withdrawn and dismissed . The suit for defamation can be maintained or cannot be maintained if maintained then under which proceeding Civil / Criminal .

Pls reply.

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A V Vishal (Expert) 01 March 2010
The plaintiff can proceed separately either civil/criminal law for the defamatory statement filled by you.

Sachin Bhatia (Expert) 01 March 2010
Defamation can be filed both under Civil & Criminal proceedings.

Parveen Kr. Aggarwal (Expert) 01 March 2010
The pleadins which are scandalous may be struck out by the orders of the Court under Order 6, Rule 16 of the Code of Civil Procedure, 1908, which reads as under:

"16. Striking out pleadings: The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading-

(a) which may be unnecessary, scandalous, frivolous or vexatious, or

(b) which may tend to prejudice, embarrass or delay the fair trial of the suit, or

(c) which is otherwise an abuse of the process of the Court."

But it does not amount to defamation. For defamation publication of imputations with intent to harm is necessary. Filing of a written statement cannot be said to be publication of imputations.