Based on a writ petition filed by my friend, the Honourable High Court of Karnataka had dismissed a case filed against him under the Atrocities Act, Sec 3 (P) and (Q). The Honourable High court had exercised its powers under Article 226 of the Constitution on the grounds that the complainant had not suffered any consequences. However, the court while doing so did not say the complaint was false nor it pointed out any flaws in filing the FIR nor investigation. What sort of defamation case can my friend file against the complainant?
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It is necessary to peruse order passed by HC to advice
2) if complainant has maligned your reputation you can issue legal notice to him to withdraw false and baseless allegations made against you
3) if he refuses file complaint of criminal defamation under section 500 of IPC
Contact your lawyer and file suit for malacious prosecution.
It do not qualify for a defamation case.
It is a police prosecuted case, hence until and unless the court has dismissed the case stating that it is a false case, then you have a chance to file a case agaisnt police for malicious prosecution.
The complainant who had lodged a complaint with the police is a defacto complainant and the police are the actual complainants.
You may get your high court order perused by a local advocate and proceed on the advise suggested by the said advocate
He can file the case for false prosecution and defamation as he has not been convicted in that false charges against him
- As per Supreme Court, One is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack,
- Under sections 499 and 500 of the Indian Penal Code, defamation is a criminal offence. Defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain. The offence is punishable with up to two years imprisonment, a fine or both.
- If the complainant has malign the reputation of your friend , then he can file a criminal case against him , and even he can claim compensation from him after filing a civil defamation case as well.
You can file both civil and criminal defamation.
Dear client,
Your friend may have the option to file a defamation case against the complainant if they believe that the complaint filed against them was false and has led to damage or harm to their reputation. However, it's crucial to note that defamation cases in India require specific elements to be proven in court.
Defamation under Indian law can be both civil and criminal. To pursue a defamation case, your friend would need to demonstrate that:
1. The Complainant Made a False Statement: Your friend needs to prove that the complainant knowingly made false allegations against them.
2. Publication or Communication of the False Statement: The false statement must have been communicated to a third party or published in a manner that harmed your friend's reputation.
3. Damage to Reputation: Your friend must show that the false statement caused harm to their reputation or resulted in some form of damage, whether financial or otherwise.
Given that the High Court dismissed the case against your friend, it might be challenging to establish the falsity of the complaint. The court didn't explicitly label the complaint as false, which might complicate the defamation claim. You can reach out to us for further assistance
