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case of defamation

Querist : Anonymous (Querist) 05 January 2010 This query is : Resolved 
A lady runs beuty parlour a press reporter comes at her parlour and asked her to provide the ladies for the nights for the three persons so she denied so reporeter turned that he was demanding for the three various occasion beauty parlour girl for the bride to do treatment of the beauty parlour after wards she shows the all type of models showing the design and pattern to prees reporter she does not know that he is a press reporter now she also discuss regarding the rates and dates the all things recorded by the reporter by the way of the recording pen after wards the he created the cd and sent the said lady and demanded rupees for the not showing the details to the police so lady denied and told that theere is nothing wrong so i have no need to worry so the said person printed all thing that she used to provide call girls behind the lable of beauty parlour in his daily new paper now she would like to lodge the complain before the honourable court against the press reporter whether is mandatory provision before the lodging the complain notice should be given to the accused for the case of u/s 500 and what is the value of the cd
Pls suggest regards
Raj Kumar Makkad (Expert) 05 January 2010
yes. It is mandatory to serve a prior notice before filing a defamation petition or criminal complaint against section 500 IPC. What do you mean by value of cd?
joyce (Expert) 05 January 2010
I agree with Raj MuKkad,CD may some time turn to be reverse effect to the one who produces to court, if that lady takes the contention of blackmail n forceful threatening record against her.
anuz doda (Expert) 05 January 2010
Dear Sir ,
1. In case of defamation under section 499, 500,501 IPC , there is no need to give any previous notice .It is a criminal case .
2. For CD , it is on to that reporter , he have to prove that he is right and he publish the matter bonafidely . See also [Exceptions of 499 IPC]. Anuz Doda Advocate
adv. rajeev ( rajoo ) (Expert) 12 January 2010
to file a civil suit notice is mandatory and for criminal case it is not necessary. Publisher of the paper also necessary party to both the cases.

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