Raja Shekar Reddy S. (Advocate) 13 March 2010

defamation

a gram panchayat village secretary was filed a false case against the village people n at the time of trail she said she dont know the accused, by this accuseds acquited. now one of the accused wants to file defamation case against her, whether it is maintainable r not?

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4 Replies

Adv Archana Deshmukh (Practicing Advocate) 13 March 2010

It is maintainable if by the said allegations in the case the image of the accused is lowered in the society, his reputation is tarnished.

(Guest)

I ve some question to you Mr Reddy.

(1) whether, the name of accused were mentioned in the FIR?

Reason is you mentioned in the forum that gram panchayat village secretary was filed a false case against the village people, what kind of case that was?

For example, suppose you are going somewhere in night, suddenly a group of people attacked on you and you not saw their faces. You lodged FIR against unknown persons, u mentioned in the FIR that it might be possible that accused persons belongs to your village where the incident took place. In court you did not identify any one of them. If they file defamation suit against you. then its not maintainable , reason is simple... you not named anyone neither in FIR nor during trial in the court....

so what are the facts of your case? its very important. some time its not possible for injured or aggrieved person to identify or named the persons.

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Raja Shekar Reddy S. (Advocate) 16 March 2010

it was happened at village office when these acusseds went ask about the illegal acts of the V S she made false complaint stating that they abused her in a filthy language and she stated the names of these acusseds in her complaint and in fir also names there it was charged u/s 354 ipc, even she tried to charge these persons under sc, st act by stating in her complaint and afterwards she striked out those words. this is fact of the case