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Aravind Kumar Gunda (BOE)     12 February 2018

Criminal defamation & malicious prosecution civil damages

Hello Advisors,

It would be highly appreciated if you could please advise me as per the below questions.

There was a case against me filed by my ex-girl, it was the case filed against me under an IT Act 66A only one section in April 2013 and the case was completed in December 2015 because the public prosecutor filed a withdrawl petition and the magistrate said 66A IT Act was unconsituted so the case is discharging and closing. The case was not acquittal nither convicted, it was discharged and closed.

1.Can I file a criminal defamation and malicious prosecution civil damages now?

2. If yes, under what Cr.PC I need to file the criminal defamation case and civil damages?

3. What is the time limitation to file the criminal defamation case and civil damages? The time limitation will count from the date of commencement of the case OR from the date of completion of the case? like from April 2013 or from December 2015.


Thanking you all.





 2 Replies

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     13 February 2018

fresh case can be file within 03 year from the completion of old case but u can not file defamation as the old case was not decided on merit.

Sudhir Kumar, Advocate (Advocate)     17 February 2018

one has to see all papers for forming a view.

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