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Kanniappan (Later)     28 July 2017

Can i file defamation ? at different judicial magestrate

Dear Sir,

Me, and all my family members prosecuted by false case. With 10 years of battle we have got aquitted by the JM1 Thiruvannamalai. Now, Shall we file defamation on her in Chennai ? she currently reside at Chennai. Me not interested to file at Thiruvannamalai, as it is her home town and her father is lawyer. 

What remedy i can ask ? What witness/evidences required ? how long it will take to get relief.

regards

Kanniappan

 

 



Learning

 6 Replies

Raveena Kataria (Advocate )     28 July 2017

You can also file a complaint u/s 211 of the Indian Penal Code, or file a suit for malicious prosecution. In my opinion, a copy of the judgement's report acquitting you will be sufficient evidence for the purpose of filing of such complaint/suit. Rest assured, her father being a lawyer doesn't provide her with absolute immunity from any charges filed against her.

(Guest)

Ms. Raveen guided you righlyt.

 

Kumar Doab (FIN)     28 July 2017

Lawyer or his/her kin are not immune from provision of law in Republic of India.

 

Approach your own local senior counsel of unshakable repute and integrity specializng in such/ criminal matters with case file...

 

 

fighter   02 August 2017

Better to file it in the same court where trail had happend.

Her father being a lawyer was not able to prove her false allegations. It means, no one are out of law. So file it in the same court with your existing lawyer(498 A lawyer).

Martin Lois   02 August 2017

It's better to file in the same court.

Kumar Doab (FIN)     02 August 2017

Member @ Fighter is right.

If despite a relative being a lawyer, OP has lost the case then merits are on your side.

By now you would have gained some experience on how to counter delaying tactics.  


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