Can i file defamation

Thirumalai Dasan K (Querist) 16 May 2021 This query is : Resolved
I bought a flat in 2013, was part of a resident assn., assn formed by Builder filed a case in magistrate court against 10 of us ,disposed in 2018, without attending proceedings by us.
I filed case @TN State Forum in 2016 and still pending. A retired judge called me for conciliation at least 3 times in 2017-18.I sent a legal notice in May 2017 asking land documents submitted for PP.Their adv came to my lawyer chamber in Sep 2017 and advised to withdraw. The Builder himself met my adv at his chambers, three times in Apr 2018 and wanted to meet me in May 18, but I refused to meet him. Because of this they filed a police complaint (CSR/May18). They sent defamation notice (1of 2) for 5 Cr in May 2018 and replied. Based on complaint, MoEFCC ordered re inspection. Again builder filed a police complaint in Nov 2018. As per summon issued by Police ,they filed a CMP in Magistrate court but till date, the case details are not reflecting in eServices portal at all. TN Consumer forum ordered for Adv comm. and Charted Er inspection and was conducted in Feb 19.They filed case u/s 482 on 13.2.2019 with new unfounded allegation, as if I threatened and demanded 2 Cr and also suppressed the details of CMP @ Magistrate Court. The High Court refused to entertain and advised to exhaust all remedies before comes to HC. However they could manage to file a FIR on 1.3.2019. It was mentioned “under the instruction of HC” in FIR. I appeared in front of insp. of police & ACP.They sent yet another Defamation notice (2/2) in Mar 2019 and I replied. They tried to get me arrested somehow and I got AB in Mar 2019. Filed Quash Petition but ordered to police to complete investigation and file charge sheet in 90 days. Again they filed one more frivolous and false complaint in Apr ’19. FIR number found to be removed from CCTNS portal in May 2019, till date FIR number is not there in portal.
Can I file defamation?
Thanks

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Quick Summary

A homeowner is asking if they can file a defamation case against a builder who has filed multiple complaints and legal notices against them. The homeowner has faced various legal proceedings, including police complaints and consumer forum cases, since 2013. Experts advise that while a direct defamation case for criminal prosecution might not be maintainable, a case for malicious prosecution could be considered if the builder's complaints are dismissed by the court.

T. Kalaiselvan, Advocate (Expert) 17 May 2021
Just because they file multiple criminal proceedings against you, there is no reason for you to file a defamation case against them.
If at all the court is dismissing their criminal complaints you may file a case against the police for malicious prosecution only.
A defamation case for a criminal prosecution against you is not maintainable.

Message likes : 1 times

Advocate Bhartesh goyal (Expert) 17 May 2021
Well adviced and explained by expert T. kalaiselvan Advocate.i agree with him.

Message likes : 1 times

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