Defamation

Querist : Anonymous (Querist) 01 June 2010 This query is : Resolved
'A' filed an eviction case against me, for removing me from a house in which i am living for 15 years, and also filled a criminal compliant on me in police station that he was enjoying the premise and i trespassed it.
1) Can i file a Defamation case on him?
2) if so can i do now or at the end of civil suit ?
3) is there any limitation for filling Defamation ? please answer me , thank you.

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Guest (Expert) 01 June 2010
YOU MAY FILE A WRIT PETITION TO THE HIGH COURT FOR QUASHING THE FALSE COMPLAINT CASE AGAINST YOU.AND THE MOMENT IT IS QUASHED THEN YOU MAY FILE A CIVIL/CRIMINAL CASE AGAINST SAID PERSON.
THANKS.

Adinath@Avinash Patil (Expert) 02 June 2010
I agree with Nandkumar.

G. ARAVINTHAN (Expert) 02 June 2010
File a Quash petition under Section 482 Cr.P.C to quash the criminal case against you

G. ARAVINTHAN (Expert) 02 June 2010
Since it is a civil dispute and already civil case is pending, the criminal case can be easily quashed

B K Raghavendra Rao (Expert) 02 June 2010
You cannot file a defamation case. The fact can be disputed and an injunction order obtained against interference of the owner in the absence of eviction under due process of law.

If merely a police complaint is filed, the police would investigate the matter. When you are enquired about, you need to tell the truth and produce documents, if any, in your support. The complaint would not be processed further.

If an FIR had already been filed only then you need to approach High Court for quashing the complaint.

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