RAJESH MAT (Administrator) 31 March 2017
False criminal case was filed against My friend and his family. In the said case all are acquitted. Subsequently the Appeal Case was also dismissed.
a. What is the limitation period to file Civil/Criminal Defamation Case?
b. Regarding Jurisdiction, where to file the Civil/Criminal Defamation Case?
Hello,
Few pointers, some advocates pointing that I always try to give amicable solution than provide legal solution. Hence replies will be only legal from now on.
Few pointers,
1. 498a is not a continuing offence as observed by Hon SC.
2. Section 75 of limitations act states 1 year time limit to file defamation case.
3. Your query does not state which type of criminal case, so any more advise will be like doing face reading, which I dont want to do.
You reply as to which case it is that you want to file defamation on for further advise.
Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always) 31 March 2017
Criminal case in the legal parlance does not mean the same as what is used by society in day to day matters. Thus, all Criminal cases are not of the same severity & above assumes lot of significance in that backdrop.
However, coming to query-1, it is felt that limitation period is not a barrier IN EXCEPTIONAL CASE. where there is gross miscarriage of Justice OR the earlier Order gets annuled completely in the face of new facts (At any point in time). Limitation period can be condoned in such case. If all that fails & if the matter pertains an SC Order, Curative Petition can be filed. Even more than 1 Curative Petition can be filed. But these happen only in rarest of rare & the SC has the power to Review or not, depending on the merits of the case, new facts, cause of Justice, your luck etc.
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