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Defamation

Querist : Anonymous (Querist) 09 December 2010 This query is : Resolved 
Hello Sir,

Subject: Targeting my family intentionally by a relative, spreading false rumor to relatives, native place, everywhere.

I reside at Hyderabad with my family and one of my mother-side relative (female) intentionally targeting our family from past few years by spreading false rumor but we have ignored to avoid unnecessary mess as she is very vulgar person.

1. Last month we came to know about a rumor spread by her, made us shocked.
2. A group of people caught by police for preparing duplicate certificates and this was published in Eenadu newspaper (hyderabad city edition) in the month of September 2010, unfortunately among those people one-person name matches to some extent with my brother name.
3.That culprit name was "XYZ Reddy”, location yusufguda and my brother name is "XYZ Reddy", location Malakpet but there was no surname, age, father name, native- place but only name mentioned and even location differs.
4. By taking this as an advantage she have started spreading to my relatives and everyone that my brother got arrested and this has been published in news paper with photograph. It photograph itself proves it is not my brother but still she continued.
5. When we came to know about this issue...we started searching for her as she stays at village and aged about 50 years and have a habit of going to her daughter or grand-daughter house and finally we had a conversation on phone.
6. We asked her to prove the rumor, which is spreading, and had a serious conversation and finally she hanged the phone without giving the conclusion about the issue and not even disclosed her details from where she is talking.
7. Her intention is only to cause damage to our reputation in the society as we are in good status with enough financial background compared to her children whose is in low status.
8. Because we have ignored her previous false allegations to avoid unnecessary mess, made her to cross all the limits and targeting my innocent brother who is aged about 22 years studying LLB and that Relative is (the younger sister of my maternal grand mother).
We are thinking to collect evidence in the forms of videos where we can have a conversation regarding the mentioned issue and we already have that dated newspaper with us, which is the main evidence for us to prove my brother innocence. Now my point is can we give a complaint at Police station against her by all the evidences? Is there any way to proceed legally to teach her a lesson? Please do help Sir.

Adv. Satyendra kumar chauhan (Expert) 09 December 2010
yes you can file criminal complaint against her but first prepare yourself with enough evidences and witness to prove as it will be tough case.
s.subramanian (Expert) 10 December 2010
yes
Advocate. Arunagiri (Expert) 10 December 2010
Well advised by Mr.Chauhan.
Querist : Anonymous (Querist) 10 December 2010
Thank you very much for valuable suggestion Mr.Chauhan and Mr.Arunagiri Sir but I have few doubts.....my doubts are :
1.where should we give the complaint? i mean to which police station....the place where I reside or my relative?
2.If I shoot a video having conversation with her about the mentioned issue and make her accept the offence then will it be considered as proof of evidence.
Please give your suggestions Sir and it would be of great help.
Devajyoti Barman (Expert) 10 December 2010
1.Where the alleged defamation occured.
2.yes if the video is proved to be genuine in the course of trial.
Querist : Anonymous (Querist) 10 December 2010
Okay......I got it, Thank you Sir.
Advocate. Arunagiri (Expert) 10 December 2010
Mr.Barman had well addressed your query.


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