When one can file defammation case

V S R SRIKANTH (Querist) 06 November 2012 This query is : Resolved
Dear Sir,

I would like to know that..suppose an old man aged 72yrs was arrested and released on bail u/s 498A, 506 IPC and one more section of DP Act. This old has nothing to do with the case but has been falsely implicated into this. Can he file a Defamation case against the complainants If yes, does he need to be out of the earlier charges from the court.

Your suggestions are highly appreciated,

V.S.R.SRIKANTH

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R.K Nanda (Expert) 06 November 2012
1.yes, he can.

2.no.

Devajyoti Barman (Expert) 06 November 2012
Sorry, this is no ground for defamation.
Let he case over first.
Once he is acquitted then only he can file suit for damages out of malicious prosecution.

Sudhir Kumar, Advocate (Expert) 19 November 2012
as long as case is sub-judice in one court, then how do you prove it is false.

V R SHROFF (Expert) 19 November 2012
Legal procedure do not attract defamation.

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