Fighterr 26 (GOVT.) 28 October 2015

Help me in filling defamation/cournter cases against 498a

I am at the threshold of winning 498a/323. I am fighting the case since 2011 and as per HC order the case is to be concluded within December 2015 and the lower court juddge also assured me that he/she will conclude the same as per HC order. Out of 8 witness 6 witnessess's cross over. But the IOs are not coming for witnessing since last 2 dates next date is in November 2015 for IOs witnessing. The court issued 3rd time notice to the IOs and told them to appear in November 2015. Out of 6 witness only the girl and her father some how narrates the 70 to 80 % story as they narrates before police. Rest 4 witness could not say anything and they just told the judge that police did not questioned them and the police writes the story crpc 161 of their own.

Now my question is that-

(a) at what stage I have to ask for cost

(b) After winning 498a Can I file defamation ? Can I file both civil defamation and criminal defamation case?

(c) Can I file Perjury case after winning the 498a both against her and her father as I have enormous proof to prove their false statement under oath

(d) If police will not come in 3rd date then what action I/my lawyer should take?

(e) If the judge dismiss the IOs witness for not coming 3 times then will it be helpful for me or not?

(f) Can I file any FIR against the girl in the same Police station after winning the case? if yes under which IPC sections?

Seniors please guide me.......

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3 Replies

Dr J C Vashista (Advocate) 28 October 2015

1. The court should have issued bailable warrants against IO, if s/he did not appear even first time, s/he is duty bound to depose.

2. Evidence will have to be appreciated for any comments, opinion and advise, consult your lawyer qua the result, judgment and order of the court.

3. Accused has no opportunity to claim compensation during trail.

4. Cosult your lawyer for filing defamation (civil/criminal/purjury) since s/he has appreciated and analysed the evidence. If you are a lawyer consult some senior lawyer.

T. Kalaiselvan, Advocate (Advocate) 01 November 2015

a)What cost are you referring to?, you cannot claim any cost at any stage even if you are acquitted in the case, because it is a criminal case and there is no provision for cost in criminal case to the accused..

b) Yes, if you find some ingredients favoring you in it but you may not find one except for malicious prosecution.

c) same answer as above

d) He may request the court to issue witness warrant against the IO

e) The courtwill not dispense with the IO's witness.

f) yes, against the police for malicious prosecution by a private complaint with the court.

Fighterr 26 (GOVT.) 09 November 2015

Thank you sir for both of your valuable suggestions..... today out of 2 IO one IO ( last IO) came to court for witness and the court dispence the other IOs witness.....

Now I want to know

Can the girl ( complainant) submit medical documents at the time of her examination in chief in the court which she did not given to the police at the time of investigation??? As per which section she can/cannot submit??