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defamed (employee)     19 June 2014

Can file defamation for false fir

From around 15 years, I live at Place A, my brother family live at Place B, my mother live at place C (native place) and incident happen at place D (out of state juridiction).

Now the story begins here. After 8 years of marriage, My brother's wife commited suicide at her Jija's home. They file false FIR 498a/306 against all of us. In FIR they (Jija and my brothers inlaws) mentioned and fabricated many false things about me. when i came to know this, I myself went to the police station to give my side of innocence on this and after taking my statements, police released me and said now i am out of this case. They didnot presented me in court for bail or anything. 

1. When i went to police station, Jija created so many problem as he has local influence to that place. Because of him police    took 3-4 days in releasing me. i had to extend my leave from office. As an impact of this i loose my job in couple of month.

2. Police came to my native place (place C) with warrents (mother and brother) but did not arrest my mother and when she was out of town they came and did kurki in my native home and said as my mother and brother did not appear in court, so we are doing this. In kurki they seized many items from house and most of the  furniture and items either belongs to me and my wife. As my brother is not living there for around 20 years. He has zero contribution is buying anything in house.

my question is because of them i felt very insulted, tortured and lost my job, my family life kids all disturbed.

Q1. Can i file defamation against them? if yes then can i file in my local city?

Q2. How can i get back my seized items?

I appreciate the responses.



Learning

 2 Replies

Laxmi Kant Joshi (Advocate )     19 June 2014

As you stated police come and did kurki how it happens what about warrants , non bailable warrants , absconder , publication etc this process is not done by the court, engage a good lawyer for handling your case and tell your mother and brother obtain AB and surrender themselves before the court and face the trial this is is the only option , you can not file defamation case on anyone as it is a process to put pressure on accused and their relative to be present before court .

Sunil S Nair (lawyer)     19 June 2014

Well advised by honourable expert laxmi kant joshi , you have also mentioned about that the brothers wife committed suicide in jijas house this could benefit your case if you can really concentrate on it but really need a good criminal lawyer to argue


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