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Sreedhar Sunkara   27 March 2022

Defamation suite when criminal case pending

Dear members, 

 A fir was registered on a neighbor for insulting the modesty of women on 20.08.2020. The neighbor got a job with A.P govt on a contract basis, during his appointment the said case is pending and he intentionally suppressed the case and make a contract with govt. After 4 months of his appointment, the complainant of fir filed a complaint to higher officials about the suppression of criminal cases and breach and voidable contract. The officials started screening neighbour with unlawful grounds. Another complaint was lodged by complaint son on higher officials, neighbor for screening offender.

   Meanwhile, police made the case false and submitted the final report to magistrate court and the complainant has protested the case and is pending before the court to date. In these circumstances, the neighbor based on the police final report issued a legal notice to both complainant and her son for giving a complaint to his higher officials for which he suffered mental and physical damages.

  The FIR on neighbor claiming false is protested and pending before the court, he committed a breach of contract by fraudulently suppressing criminal cases pending against him during his appointment, after 11 days of his appointment police filed final report seeking permission to quash FIR and same was submitted to the court after a couple of months. His intention is to screen himself from the departmental inquiry by initiating a defamation suit against the complainant and her son. Please advice.



Learning

 3 Replies

Palak batra   31 March 2022

Dear Querist,

 

It is quite common to witness vexatious litigations that are devised solely to harass and torture the other party. Law provides various ways to deal with this issue of defamation. Not only the defamed party can ask for damages by way of a civil defamation suit or malicious prosecution or both, but the person can also initiate criminal proceedings qua a criminal defamation complaint. Moreover, the person can initiate both as it is a trite law that civil and criminal proceedings can go simultaneously qua the same cause of action.

 

However, there are different processes and different time limits for a civil defamation suit and a criminal defamation complaint qua the same vexatious litigation.

 

Law provides various ways to deal with this issue of defamation. Not only the defamed party can ask for damages by way of a civil defamation suit or malicious prosecution or both, but the person can also initiate criminal proceedings qua a criminal defamation complaint. Moreover, the person can initiate both as it is a trite law that civil and criminal proceedings can go simultaneously qua the same cause of action.

 

However, there are different processes and different time limits for a civil defamation suit and a criminal defamation complaint qua the same vexatious litigation.

 

In the case titled Shri Ram Singh Batra vs. Smt. Shran Premi, the Hon’ble High Court of Delhi propounded the following four essential ingredients to initiate a suit for malicious prosecution:

 

Plaintiff was prosecuted by the defendant;

The criminal case was terminated in favour of the plaintiff;

The criminal case was in bad faith; and

There was no reasonable cause to initiate the criminal case.

 

Regards,

Palak

Sreedhar Sunkara   01 April 2022

Sir thanks for your reply, When criminal case is pending and person being a govt servant supressed that criminal case before givernment, such are facts the accused went  a ahead to file defamation claim the fir is not false when same is pending before court. How is such claim and defamation based on such claim is acceptable, besides the claim itself amounts to interception with due course of law in a pending case, what does it amounts to?

1) false allegations?

2) criminal contempt of court? 

P. Venu (Advocate)     14 April 2022

Mere complaint or FIR filed does not constitute a pending criminal case, unless the accused has been served with the summons to appear in the trial court.


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