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Ravi (a)     12 May 2016

Defamation

if all 498a witnesses who gave  police statements under 156(3) crpc and dont appear in their evidence in front of magistrate during trial, can we prosecute them later on under defamation case?



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 75 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     13 May 2016

If their signature is present on statements then yes you can.

 

Please check my profile links for more details.

Sudhir Kumar, Advocate (Advocate)     13 May 2016

just understand

 

as long as you are not acquitted just forget if the word 'defamation" exists in dictionary.

Pawan S (06292021602) (Advocate)     13 May 2016

A lawsuit is decided on merits, one cannot say whether, the complaint is false and vexatious or not. After the acquittal from the 498-A case, one can definitely lodge a lawsuit claiming damages for malicious prosecution and defamation.

Defamation case are two types (1) civil (2) criminal - Sec 499 & 500.

If they presented false information to the court  then you may highlight it with the petition contempt of court.

Ravi (a)     15 May 2016

Thank you all for your responses.

@Rocky sir, there are no signatures available on the statements recorded by police. i believe police wont take their signatures as per the law. At the end of the statement, police will just "recorded by me" and the police signature.

 

@sudhir sir, ya i am asking about demation case after acquitall. could you please tell me on what grounds defamation can be filed?

 

@ekta - thank you for the clear explanation. how do we say it is false? supposin wife says in chief, the husband has never taken her for medical checkup but in cross depostion, she admits the husband took her for medical checkup everymonth. does this amount to false information stated?

Pawan S (06292021602) (Advocate)     16 May 2016

The verdict of acquittal, itself proves that they were false. Once you get it, then prepare to file a slander lawsuit against them with all the false & contradictory points highlighted from the records.But you have to wait till you obtain the verdict.

 

Ravi (a)     17 May 2016

Thank you so much for your explanation.

also, could you please enlighten me if the verdict of acquittal is good enough for divorce ground?

Pawan S (06292021602) (Advocate)     17 May 2016

If a woman's complaint accusing her husband and in-laws of cruelty under the dreaded Section 498A of Indian Penal Code turns out to be false, then the man is entitled to divorce.

Ravi (a)     17 May 2016

ok. thank you. few queries.

1. if they lie on oath and the chief and cross contracdicts to each other, wont it be called false case?

2. if the mother of the wife admits she was never examined by the police, doesthis not amoun to false part of the case?

3. if i present documents like medical bills, credit card statements, gift bills, travel tickets to say husband never neglected but kept her happy, does this attract false ingredients?

what else we need to show as exhitbits to say the case is false? 

Sudhir Kumar, Advocate (Advocate)     17 May 2016

all these qeustions can be tackled by someone who has see all documents.

 

I repeat just understand

as long as you are not acquitted just forget if the word 'defamation" exists in dictionary.

Waseem (Junior advocate)     17 May 2016

Dear Ravi,

First let us understand what is your query. You are saying that some witnesses recorded their statement against you but didnt turn up before the magistrate. In that case their absence will help you to get acquitted. However after acquittal it will be better to file a perjury or defamation case against the complainant and not against the witnesses because under law the statement of witness get evidentiary value only when it is presented and examined before the magistrate. Hope your question is answered.

Pawan S (06292021602) (Advocate)     17 May 2016

I will go with Sudhir Sir's suggestion. Wait, till you are acquitted or your charges are dismissed.

Waseem (Junior advocate)     17 May 2016

Dear Ravi,

In the recent judgement passed by SC it has been upheld that filing of false 498a complaint is a valid ground for Divorce as it amounts to Cruelty on Husband caused by wife.

Ravi (a)     17 May 2016

ok sudhir sir.

just imagine, a person and his family are acquitted from the 498a chargesheet, can he later on (after the appeal period) file criminal cases on wife/her parents/those 498a witnesses? if so, under what sections the husband can file? Please clarify.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     20 May 2016

Since no signature of witnesses is present then 100% chance that the IO falsely imposed their name and have written his own story. You should file writ against the state for malicious prosecution and claim damages.

 

Please know that Perjury and Defamation can be filed in parallel. Perjury should be filed in the same court where 498A is going on.

 

I am seeing lot of my learned friends misguiding quests. Requesting them not to do.

 

Please see my profile to know more on this.

Since no signature of witness is presents then 100% chance that the IO falsely imposed their name and have written his own story. You should file writ against the state for malicious prosecution and claim damages.

 

Please know that Perjury and Defamation can be filed in parallel. Perjury should be filed in the same court where 498A is going on.

 

I am seeing lot of my learned friends misguiding quests. Requesting them not to do.

 

Please see my profile to know more on this.


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