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Can serious allegations made in complaint be challenged as defamatory?

(Querist) 29 February 2012 This query is : Resolved 
The complaint is pending in JMFC and serious allegations are made against the accused. These allegations are not reflected in the complaint filed in the Police Station. The accused has filed defamation u/s section 500 of IPC against the complainants on those statements. Neither the JMFC nor the Session Court or Even HC under Writ accepted it. The HC stated that there is no such provision to challenge such statements. Till the case is finally decided by the JMFC nothing can be done. My query is the case may take further ten years. Does that mean the accused should stick stigma on his character till the case is decided ?
V R SHROFF (Expert) 29 February 2012
accused should stick stigma on his character till the case is decided ?

Ans:: YES.
Sudhir Kumar, Advocate (Expert) 29 February 2012
If an allegation is pending before "X" court then how can you expect "Y" court to pronounce it as defamatory. First wait for the allegation to be proved false in the court and then try defamation. In this case you have shown your cards to adversary who may now leave no stone unturned to get you punished.
ajay sethi (Expert) 29 February 2012
agree with experts that allegation has to be proved false in court and then try for defamation
kuldeep kumar (Expert) 29 February 2012
surely no defamation
adv. rajeev ( rajoo ) (Expert) 01 March 2012
it is not defamation.
N.K.Assumi (Expert) 01 March 2012
The cardinal principles of our criminal justice is that, the accused is presumed to be innocent, until the court proved otherwise by material evidence on records. Wait for the conclusion of the case as pointed out by the experts, and if proved innocent, take steps for malicious prosecution.
Adv.R.P.Chugh (Expert) 01 March 2012
Normally the court would always start with the presumption of falsity of alleged defamatory statement and would burden the accused to prove it to be true in order to bring it within the exception - however - in a case where defamation is done during judicial proceedings, first let her case fall on merits. Then pursue defamation
Kirti Kar Tripathi (Expert) 01 March 2012
unless, it is held to be false by the competent court or authority, it is not defamation.
Deepak Nair (Expert) 01 March 2012
Once the proceedings are over and you are acquited by the court on merit, then you can initiate proceedings against the said complainants for malicious prosecution and also under sec 199 and 200 of IPC for leading false evidence.
Shonee Kapoor (Expert) 04 March 2012
I also agree with the experts.


Shonee Kapoor

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