PRAKASHCHANDRA MARU (lawyer) 05 January 2010

defamation

A lady runs beuty parlour a press reporter comes at her parlour and asked her to provide the ladies for the nights for the three persons so she denied so reporeter turned that he was demanding for the three various occasion beauty parlour girl for the bride to do treatment of the beauty parlour after wards she shows the all type of models showing the design and pattern to prees reporter she does not know that he is a press reporter now she also discuss regarding the rates and dates the all things recorded by the reporter by the way of the recording pen after wards the he created the cd and sent the said lady and demanded rupees for the not showing the details to the police so lady denied and told that theere is nothing wrong so i have no need to worry so the said person printed all thing that she used to provide call girls behind the lable of beauty parlour in his daily new paper now she would like to lodge the complain before the honourable court against the press reporter whether is mandatory provision before the lodging the complain notice should be given to the accused for the case of u/s 500 and what is the value of the cd

Pls suggest regards

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5 Replies

(Guest)

It's better you may send a notice giving very short time (say 3 days) and give an opportunity to the newspaper and its reporter to explain why they have acted so irresponsibly against your innocent client. Further you may ask the newspaper publisher to tender an APOLOGY to your client printed on a prominent place in the newspaper within three days and warn them that if they don't concede to your claim, you would file suit for damages, loss of reputation, mental agony, etc., and also file a criminal complaint u/s.500 I.P.C. against the newspaper and all persons concerned. To your query whether to give notice to accused before filing criminal complaint, it's certainly advisable to send a prior notice to accused.

(Guest)

Gurunarayana Rao ji has good suggestion.Now a days several media reporters are blackmailing for the sake of money.These types of reporters have spoiled media for not following journalism ethics.

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 05 January 2010

It is mandatory to serve a prior legal notice seeking to witthdraw false allegations or to seek defamation petition ot criminal complaint or both.

Parveen Kr. Aggarwal (Advocate) 05 January 2010

Section 499 of the Indian Penal Code, 1860 defines the offence of defamation whereas section 500 provides for punishment. None of the provisions make it mandatory for the complainant to serve prior notice for filing of a complaint thereunder.

Premal Patel (LAWYER) 06 January 2010

In a case where a False FIR is filed , innocent people are arrested/remanded , accused are out on refular bail, A charge sheet is filed , but the case ahs no proper sense or evidence. Few inncoent people are trapped by poilce, and misuse of power vested on them.

Wat is the course of action the accused needs to take now

1. Setting aside the FIR?

2. can a Defamation comapint be filed before the conclusion of the trial court comes ?

3. wat are the remedies that can be claimed ? wat punishment can be prayed for for filing a false complint/FIR ?