Civil Procedure Code (CPC)


This query is : Resolved 

19 July 2009

I've been defamed by the managing committe of the co-op housing societies by sending a letters to the 2 BMC Offices and also with a submission of affidavit-in-reply for the criminal case in High Court
The are series of acts and evidences over a period of 1 yr.
I am a Group A State Govt.Gazzetted officer ,working as professor in prestigiuos Medical College of State Govt.
1) Whether I can file both criminal and civil case ?
2) whether Police complaint necessory before filing a case in the courts ?
3) Due to my present occupation as Sr. Gazzetted officer, Is there any amendments and provision in IPC and CrPC ?
4)for the aforsaid reason ,Is the case triable by the Districs Session Courts or any fast track Special Courts instead of Judicial Metroploitan Magistrate - First Class ?
5)recent high Court and Supreme Court judgement about IPC 499 and 500

Kindly advice me

A. A. JOSEOnline (Expert)
19 July 2009

Kindly clarify as to the exact nature of allegations, and state details of the criminal case in High court referred above. Further, please also indicate as to whether the allegations have any nexus with your official functions and if so clarify the same. Complete details would help to answer your question properly please.

n.k.sarin (Expert)
19 July 2009

Mr.sudhir,If any act or any fake allegation made by the managing committee in their letter or affidavit and you think the said act of the managing committee is lowering down your image, reputation in general public or in your friend circle and in your colleges.You can file civil and criminal cases or both as you like.
no need any police complaint but if you do its in your favor.
Law is same for every one. there are no special provision for gazetted officer.
you can file the suit in the court of first class magistrate in which jurisdiction the said letter or false affidavit was published.

sudhir Medhekar (Querist)
20 July 2009

Dear Mr. Jose,
1)In a letter sent to the BMC Authority, it says I am " Water Mafia" which makes artificial scarcity in the society preimises
2) In another letter to the BMC Authority , they say "I am a quack doctor and " Black mailer" which tries to blackmail the quasi-judicial authority i.e. Police
3) we have filed the criminal writ petition in the High Court , in the same matter, my housing society is a one of the respondent. So they have filed the affidavit-in-reply. In which he had defamed me , which I have said in first message.
4) They doesnot find any nexus with a official functions, as I percieved by their way of defamation
Kindly advice me

Deekshitulu.V.S.ROnline (Expert)
20 July 2009

Mr Medhekar

The allegations are defamatory. You have to move only Judicial First Class Magistrate or Metropolitan Magistrate. You can file both civil and criminal cases. Go ahead and fight out the case

sudhir Medhekar (Querist)
20 July 2009

Dear Jose,
This is addendum to previous message.
In the affidavit-in-reply submitted in Hon.High Court, Mumbai They states that
"He has threatened and assaulted the octogenarian man in the society premises and He has litigation in state administration for deliquent services "
Kindly opine
with regards

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