• Harassment

I am a married Hindu woman. I got in touch with one of my school senior through alumni association. We talked on call and whatsApp for approximately 3 months. Later I realized he has some psychiatric issues and he was recording all calls. I stopped talking to him. Eventually this lead to his threatening me on WhatsApp and calls and SMS. I blocked him everywhere. So he started maligning my name in a WhatsApp group of alumni association of which I wasn't a member. When that didn't work he has now started sending emails / RTIs to my boss by adding call records and audio clips of our talks. He is alleging many other cooked up points against me and asking them to force me to resign. I am a senior government employee. Though my organisation has not taken his emails seriously, not actually even considered them and not initiated any enquiry against me on his false claims, please advise me of my legal rights. He once in a email withdrew his complaint also, but later again started asking to initiate action. Should I file defamation case as I am getting mentally affected or stay silent till I feel his actions may actually affect me? What does law says in such cases?
Asked 4 years ago in Criminal Law
Religion: Hindu

6 answers received in 30 minutes.

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10 Answers

You can file a complaint under S. 499 with the police. Since it’s a non-cognizable offence, the police would need approval from the magistrate to take any action.

you can also file a defamation case in the respective District Court. For that, you have to file a draft complaint petitition stating your circumstances and annexing all your supporting documents.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

A defemation complaint can be registered with the jurisdoctional magistrate to intiate legal action and a civil suit can be filed claiming damage to repuration in work premises.

He can be prosecuted under 499 ipc and 500 ipc.

No.you should not avoid such things and take action before only.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi, it is advisable to register a FIR against him under section 354 IPC for outraging of women modesty ...

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

File case of stalking against person under section 354 D of IPC

2) also issue him legal notice to with draw false and defamatory statements made against you

3) if he refuses file complaint of criminal defamation under section 506 of IPC

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Yes you can file a case of defamation and criminal intimidation and also a case for outraging your modesty.

In my advise you should immediately give a complaint to the police station at the earliest.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

File police complaint for harassment as well as in cyber department for maligning your reputation through whats app and email as well as cyber stalking.

Such offence against woman is a congnizable in nature. Take action immediately.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

If the whole thing has the effect of maligning your image before public at large, issue him a legal notice and seek unconditional apology from his besides damages for the dent caused to your reputation.

Besides, you should also report this matter to the women helpline/

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like molesting, intimidation, threatening and under the provision of the Information Technology Act, against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Yes, you can file defamation case,issue legal notice for damaging your reputation at work place

Lodge FIR before police against him for harassment through calls ,sms and what's app, emails

Don't be silent take immediate action against him don't wait for his actions actually affects you

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

Dear Client,

This is clear case of molestation and stalking. File police complaint, every thing will get resolved in single day.

No actual criminal complain will file, but police samjha degi, still he continue than shall be put behind bar.

Defamation is small thing.

Stalking case.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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