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Arvind Singh Chauhan (advocate)     15 April 2011

DEFAMATION

XX being a principal writes letter to different authorities, that YY (teacher) and one more third person ( son of another teacher), exploits physically the girls of the school. On his complaint several inquiries were held which found nothing but only the strained relation of XX and YY.

Whether sanction is required to prosecute XX for defamation? please guide and refer the law or citation if any?



Learning

 7 Replies

Rajesh Kumar (studient)     15 April 2011

 

 

Hello Sir,

 

FIL gang forged my mother's signature on a promissory note and filed private case in a civil court based on that court gave injection order based on the fake promissory note(how is it possible).

based on the injection order FIL gang people anounced in the town saying that "no one should buy the house".

The witness people all are their people only. There is no material evidance unless the forged promissory note.

they are telling they know me but i don't even know anyone of them. in their explanation they have mentioned that they asked my mother many times for the money which is false.

is there any possibility to ask for police enquiry about he Forged Promissory Note 

 

actually my lawyer submitted explanation saying that there was a 498A background for this case.. it is forged promissory note... and filed a petition to send the pronote for expert verification..

 

judge asked the opposit lawyer to bring their witness for cross examining..

they did not attend to the court for 8 times(for 1 year)

finally my lawyer asked the judge to issue warrent for them

 

after all the witnesses attended and gave their statement saying that we don't know her and we can't recognize her now.

 

Statement:- "while we were going home after work they asked me to sign on the promissory note"

Fake Promissory Note Persion Statement: "my father and her husband were studied 10th class in same school. Now they both died"

(around there was no transport facility, in 1960 there was no 10th class. their village & my father villages and quite far 300 kms, no way to know each other )

 

There is a False Case or a loop hole in the Civil Law.

Let say some one forged your Signature on a Promissory Note and filed a private complaint saying 

that you borrowed some money from him. 

In the Private complaint they have given Written statement to the Judge that 

1) You already known Person to them (never mention... then know you or not)

2) The Promissory Note was written at their house.

3) They asked you many Times(You have given Irresponsible Answers to them)

4) FIL gang didn't attend for 1 year to the Court

 

My Lawyer Asked the judge to send the Promissory Note for Forensic Verification. 

they don't want to send for Forensic verification

For that they have explanation saying that Todays signature will be different from the date of Promissory Note signature and asking the judge to do justice infavour to them

all people know that FIL gang doing all these things just to harass my family

can lodge the complaint u/s 199, 419, 420,463,464,468IPC .

My lawyer is telling we should wait till the pronote get proved as forged one.

How to Proceed? is there any chance to ask for police enquiry on the forgery?

Thanks in Advance

Rajesh

Advocate Anuj Anand (Advocate)     16 April 2011

file a case under section 499 and 500 IPC

vignesh Achar (advocate)     17 April 2011

Mr. Aravind,

           Sanction is required only if the accused is a public servant. and that too in the case referred supra the act of the Principal XX, do not fall under the duties of a Public Servant, hence you can certainly lodge a case under Defamation.

Arup (UNEMPLOYED)     17 April 2011

Whether sanction is required to prosecute XX for defamation?

 

---  NOT REQUIRED.

FILE IT.

CRIMINAL PROCEDURE U/S 499 &500 OF IPC.

A SEPERATE LAW AVAILABLE FOR CIVIL ACTION FOR DEFAMATION.

Arup (UNEMPLOYED)     17 April 2011

FIL gang forged my mother's signature on a promissory note and filed private case in a civil court based on that court gave injection order based on the fake promissory note(how is it possible).

 

---   IF IT HAPPENED, FIRSTLY COMPLAIN TO POLICE U/S 420 OF IPC.

Rajesh Kumar (studient)     18 April 2011

Arup Sir,

The case is running for 1 year in the lower court, Tenali, guntur DT, Andhra Pradesh.

If we want to complaint to the Police. will they take 420 complaint at this stage?

Does it consider as over looking the lower court ?

Thanks in Advance

Arup (UNEMPLOYED)     18 April 2011

IN CASE OF FORGING SIGN, POLICE COMPLAIN SHOULD BE THERE.

when the case going on , let it proceed.


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