This query is : Resolved 

06 March 2019

I was filed a wrong FIR on me and I was forced to attend the lower court hearings. And case is still pending for 3 years with no proper proof or evidence filed. Though I have filed for quash which is in progress in High court, I want to file a defamation. Kindly advice under which section and which court I should.

Isaac Gabriel (Expert)
06 March 2019

Wait for thedisposal of the ongoing case.

07 March 2019

Dear Sir,
Unless the said proceedings are ended in your favour you cannot jump to the conclusion that such criminal proceedings are false. Anyhow after quashing of FIR you can file defamation case both civil and criminal.

Please mark “LIKE” if satisfied by my answer.

Suhail suhail (Expert)
07 March 2019

As advised by the experts ; You must wait until you are not discharged by the court.

P. Venu (Expert)
07 March 2019

Even if the charges are proved wrong and you are acquitted on merits, no action for defamation lies. You should pursue other remedies after the case has been decided.

Dr J C Vashista (Expert)
09 March 2019

Wait for decision and seek guidance of your lawyer for filing civil claim for compensation of damages and/or defamation u/s 499 / 500 IPC (if it do not fall under exemptions).

Hemant Agarwal (Expert)
13 March 2019

1. The case against you is filed by the Police/State. IF you have proper & cogent documentary evidence and irrefutable witnesses, relating to "defamation", THEN there is no restriction in filing criminal case u/s 499, 500 in the local jurisdictional Magistrate's Court, EVEN WHEN the present case by Police /State is running. The case can be filed against the complainant who filed FIR and witnesses who support the FIR. Here filing private criminal case against the complainant and witnesses, won't amount to suppression, more so since their statements are recorded by police and now it cannot be changed during trial.

2. There is no necessity to wait for the disposal of case filed by Police. You can also currently pursue a Civil suit for damages against the complainant who filed FIR and witnesses who support the FIR.

Keep Smiling .... Hemant Agarwal

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