• How to file defamation case in the following matter

My mother purchased a land in 1985 from a man. The surrounding land pieces were challenged by his brothers in 1996. The court in 1999 declared that the piece which my mom purchased will be with my mom only. In that case of 1996 that man who sold the land didn't object as he already sold the land in 1985. That man died in 2007. Now in 2018,along with civil suits...The sons of that deceased man in 2007 filed a criminal case that the registry was fake. And his father was mentally retarded so the registry shall be cancelled and the land given back to them.
 The case was submitted to police by the court and the police gave FR in my mother's favour that there is no record that his father was mentally retarded. Moreover,the two evidence of the registry filed affidavit in our favour that the said registry happened before them and his father was normal. Now the son of that man brought a private report of fsl that the signature of his father is fake. We have the original documents though.
Now we started the process of conversion of land while civil suit was filed and nagar parishad is anyhow going to convert it as there is no challan by police asking them to stop conversion.
After all this they gave a news in the newspaper just to pressurise.
Now I want-
(1) File FIR against the fake private forensic lab test,
(2) File defamation case against his son.

Kindly guide me.
Asked 4 years ago in Criminal Law
Religion: Hindu

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21 Answers

1. You can file an FIR against the said person for creating false and fabricated document. FIR though will only be filed when such hand writing report will be used.

2. There does not lie any defamation case in the facts as told by you.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Well, since the police has given FR in your favour, savour the situation and proceed for conversion. Any further criminal case may make them further vengeful.

2. Do note that no defamation case lies against filing case on false pretextl. However for closure of case you can file civil suit for damages out of this malicious prosecution.

3. If the fsl report if filed in court is found to be fake then file petition for initiation of action against false evidence under section 191,193 of IPC.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If the same has been published in newspaper then you can file a defamation case also.First file defamation case and then file the FIR.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If they indulged in false propaganda through newspaper publication for tarnishing your public image then you can file both civil defamation seeking damages or criminal defamation case under section 500,503,506 of IPC.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. To lodge a FIR, approach the concerned Police Station and move a written criminal complaint describing therein all the events that have unfolded.

2. Send a legal notice for defamation and seek damages, together with an unconditional apology. If the legal notice is not complied with, file a suit for defamation.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If they are intentionally causing damage to your mother's reputation and seeking to malign the same, they have committed the offence of defamation.

In your FIR, report commission of offence under section 499/500 IPC too.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You r mother can file private complaint against son for criminal defamation under section 500 of IPC as he has sought to malign her reputation

2) you can draw attention of civil court to fact that son has been deliberately maligning your mother reputation

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Your mother can also file civil suit for damages against the son for maligning her reputation

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Defamation as a Crime

Section 499 of the IPC defines ‘defamation’ as being committed:

Through: (i) words (spoken or intended to be read)

(ii) signs, or (iii) visible representations;

Which: are a published or spoken imputation concerning any person;

If the imputation is spoken or published with:

(i) the intention of causing harm to the reputation of the person to whom it pertains, or

(ii) knowledge or reason to believe that the imputation will harm the reputation of the person to whom it pertains will be harmed.

If a person is found guilty of having committed defamation in terms of Section 499 of the IPC, the punishment is simple imprisonment for up to two years and/or a fine.

An aggrieved person would not be able to simply file a police complaint but would, in most cases, have to file a complaint before a magistrate.

Since, the police submitted the FR in favour of your mother , then further filing a criminal case will not futile at this stage.

Further, if they are adopting unfair means to defaming your mother a criminal defamation case lie against them after narrating the facts that the police has submitted the FR in favour of your mother , even then they are adopting such wrong and illegal ways to defaming.Grounds i already mentioned above for your knowledge and purpose.

For filing a civil defamation case for seeking damages , you will have to pay court fees for the amount.

Mohammed Shahzad
Advocate, Delhi
9895 Answers
121 Consultations

5.0 on 5.0

1. Criminal case is no remedy for such things they should have said this in civil suit. Exhibit those civil suit judgement during the cross examination.

2. File defamation suit when u get acquitted from criminal case with those documents

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

As per S.499 IPC, if the words spoken or either published imputed with malicious intention to harm the reputation of the person, then the ingredients of S.499 IPC shall be attracted. However, there are several exceptions. If the publishing in newspaper was a false information and if it is proved that the news was false, then a private complaint can be filed before the sessions court or chief metropolitan magistrate.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Absolutely right, it may be used in your favour.

News in newspaper is something to make feel or put you as bad person before the society which covers the definition of defamation.

You can file case for defamation.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Now I want-

(1) File FIR against the fake private forensic lab test,

If you have evidence to prove that the FSL report is fake and have been given fraudulently for wrongful gains, you can lodge a criminal complaint agaisnt the FSL lab with the jurisdictional police.

(2) File defamation case against his son.

Defamation case against what?

You have to ascertain the ingredients for defamation case before filing one because there appears that there is no defamation except his fraudulent intention to grab the property.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

But sir those goons have used newspaper and maligning us through the news that my mother did fake registry and describing other facts that she was second wife of my father and so on... Which was totally out of context of the case filed by them.

Moreover, does this finding of criminal case help in any way in civil suit as judge can notice that it is deliberate effort to harass.

You may file the proposed defamation case but it may not be ,maintainable because there is a remedy for this through criminal and civil laws hence you may be losing your money, energy and time on this untenable case.

Discuss with your advocate before taking any such hasty step.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Hi

The matter you described in second question amounts to defamation stating that the personal life of your mother was interfered by them for some unanimous ill motive to achieve.

Go ahead for filing the defamation complaint,

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear Sir,

Only after conclusion of investigation and favorable report you can definitely file defamation case. Please call me for more details.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You can file the Defamation case once the principal proceedings are over and you are accquited. In that case you need to adduce all evidence related to said case. You can file both civil and criminal defamation.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

Dont worry no such would be maintainable at this stage, especially if you can prove their motive behind such false cases.

They have already attempt unsuccessfully all those property cases so now this case will certainly be considered as a revenge hence it would not be entertained at this time.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

You can approach court with private complaint for extortion against the sons based on your previous civil suit judgment also seek a stay of injunction restraining them from not to interfere on your land. You can initiate defamation against the parties based on civil suit judgment also against news paper as they published matter without verifying fact. Before filing suit for defamation send legal notice. Then file suit for seeking damages and also criminal defamation suit. Lastly without evidence police won't entertain such case as FR is in your favour. You can instead file case for extortion against them with jurisdiction police.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

In case complainant informs Police that cognzable offence has been committed poluce is bound to lodge FIR and conduct investigations

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Hello,

No FIR can be filed after a duration of 7 years.

The police will not entertain such FIR, it being an afterthought and being filed for vexatious reason.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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