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Apoorva Dwivedi   22 May 2019

When to file a criminal defamation case

A lady had filed a rape after false promise of marriage FIR against me in lucknow. It came in print media and electronic media apart from being shared in social media. 2 of the media houses even published my photo along with my mother's photo. Now 6 months have passed and the case is at investigation stage. I have taken arrest stay from HC. Now I want to file a criminal defamation case against the lady and the 2 media houses. My query is:

1. Can I file the defamation case now or after acquittal? What is the time limit?

2. Can I file criminal defamation case in Ahmedabad?

3. Who all can be party/respondents in the case against media houses?

4. Can I add section 120B IPC in the case?

5. What are the chances of conviction? What is the extent of punishment?



Learning

 3 Replies

Kaustubh Topale (MR.)     23 May 2019

after acquittal within one year.

other queries are premature

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     19 August 2019

1.  Filing of police FIR is not defamation

2. Media houses cannot be involved in defamation, since they just simply picked up info from Police control rooms /courts and publish them.

3. If police FIR is filed in lucknow THEN ahmedabad has no jurisdiction to try defamation case.

4. Trial in defamation case is successfully possible only based on strong documentary evidences and witnesses.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     19 August 2019

1.  Filing of police FIR is not defamation

2. Media houses cannot be involved in defamation, since they just simply picked up info from Police control rooms /courts and publish them.

3. If police FIR is filed in lucknow THEN ahmedabad has no jurisdiction to try defamation case.

4. Trial in defamation case is successfully possible only based on strong documentary evidences and witnesses.


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