Yes you can file a case of of Libel against the Complainant as what he did is to defame you socially and lower your image in the eye of your near and dear one. The complanant is liable on the principle of constructive liability for sending you to in prison on false charge. Claim compensation from him for mental agony ,harassment, loss of social status.
Libel case
Sir,
My name is Ravi Shankar Banerjee, residence of Jhumri Telaiya, Dist.- Koderma, Jharkhand, I wish to ask question regarding my case in which I was falsely implicated. The details of my case is hereunder: G.R.- 109/13 which was undertrial in the court of H'ble SDJM, Civil Court, Koderma. I was booked in a police case on U/s 384 & 387 IPC, on 29.01.2013 and from 30.01.2013 I was under judicial custody till 16.04.2014 on the same day I was set free after the court gave its judgement in my favour, under benefit of doubt. Now my question to you is that can I go for Libel case against my opponent. i.e informant of the case and if yes then under what allegations.?Asked 10 years ago in Criminal Law
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4 Answers
I support the views of my learned friend Kundu. Please go ahead.
yes you can on the basis of false case filed by him
You can most certainly sue the opponent for libel as arrest brings with it indescribable ignominy for the person arrested. The accused suffers loss of reputation in the society, which entitles him to prosecute the person who filed the false case against him. You may claim monetary compensation for the loss of reputation suffered and mental agony undergone by you in consequence of the false case as your innocence has been established after the court order.
