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After Aquittal 498a .. 
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Joined: Fri Jun 18, 2010 1:58 am
Posts: 118
Did any one filed counter cases after getting aquittal 498a ?

What are the cases filed?

Success stories ?


Mon Oct 24, 2011 4:04 am
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Joined: Thu Aug 26, 2010 7:58 am
Posts: 273
Many.Defamation (civil and criminal),perjury,damages(cpc 9,law of torts) including many others.


Tue Oct 25, 2011 1:23 pm
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Joined: Mon Apr 21, 2008 12:04 am
Posts: 53
Alok -
Are these counter cases consedered as private complaint, which require the presenece of the complainant on all hearings, failing which the case will be dismissed ?

I know Civil defamation does not require the presence of complainant. Do all other cases require the presence of complainant or his lawyer ?

Thanks,
Dev.


Tue Nov 15, 2011 7:42 pm
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Joined: Thu Aug 26, 2010 7:58 am
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Any criminal case require presence of complainant to bring FIR on record in court.These are criminal cases under IPC except civil defamation and damages under CPC 9.

-Alok


Wed Nov 16, 2011 10:01 am
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Joined: Sun Mar 13, 2011 6:44 pm
Posts: 91
Dear all ,
My parents have been acquitted of 498A but the girl has filed an appeal against their acquittal which will take 6 more months to be decided. The judgement of the trial court simply says that no charges are made out against the accused parents u/ 498a so they are acquitted, the judgement specifically doesn't mention that the girl has filed a false case against her parent-in-laws. My lawyer is telling that a defamation case cannot be filed as there is nothing mentioned in the judgement regarding filling a false case by the girl.

But we still want to file a defamation or any other counter case. Can we file a defamation case at this time when the appeal of the girl against the order of acquittal is pending to be decided in session court ? I came to know that we can file defamation within the six months of the order of acquittal. From which date the six months shall start in case of the girl has filed an appeal in session court against the order of acquittal.

Kindly advise.


Thu Nov 17, 2011 11:04 am
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Joined: Mon Sep 13, 2010 2:30 pm
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With my small mind.....I opine:
First u fight her appeal case at sessions, tooth & nail....... she may not get the lower courts order set aside meanwhile!
Revenge can wait!


Thu Nov 17, 2011 1:04 pm
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Joined: Sun Mar 13, 2011 6:44 pm
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thanks a lot galsober !!


Thu Nov 17, 2011 2:08 pm
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Joined: Sun Mar 13, 2011 6:44 pm
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but i want to know about the time limit within which i should file counter case and when that time starts, whether from the date of order of the trial court or after the final order of the appeal filed by her in the session court ?


Thu Nov 17, 2011 2:12 pm
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Joined: Thu Aug 26, 2010 7:58 am
Posts: 273
From the date of judgement by trial court.Her appeal does not affect filing of counter cases.my advise for you is to concentrate on appeal case first.filing counter cases will dampen the high spirit of opposite party but emphasis must be on more on appeal case.

How much time did it take for aquittal?


Fri Nov 18, 2011 9:34 am
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Joined: Sun Mar 13, 2011 6:44 pm
Posts: 91
thank alok !, it took 1 year from issue of chargesheet to aquittal.


Mon Nov 21, 2011 12:53 pm
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Joined: Mon Apr 12, 2010 1:04 pm
Posts: 172
Any criminal case require presence of complainant to bring FIR on record in court.These are criminal cases under IPC except civil defamation and damages under CPC 9.

- Alok, Can such complaint be filed by power of attorney with notaried version of complaint from complainant


Mon Nov 21, 2011 5:37 pm
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Joined: Thu Aug 26, 2010 7:58 am
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presence of complainant is required for giving statement before the judge/magistrate after the framing of charges in criminal case and also for cross examination.POW can not be cross examined.


Tue Nov 22, 2011 2:46 am
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Joined: Mon Apr 12, 2010 1:04 pm
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Can I safely assume that,
COmplainant can be made in absence of complainant, But charges will be framed only in presence of complainant. So such a complainant get time till framing of charges (say 6 months)toappear and keep case alive ?


Tue Nov 22, 2011 9:25 am
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Joined: Mon Jun 08, 2009 8:49 pm
Posts: 54
one good son wrote:
but i want to know about the time limit within which i should file counter case and when that time starts, whether from the date of order of the trial court or after the final order of the appeal filed by her in the session court ?



so we cant file counter case (defamation) after 6 months of the acquittal? In our case its been 9 months since my sister and BIL got their 498a quashed by the high court.


Wed Dec 21, 2011 12:33 am
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Joined: Tue Mar 18, 2008 1:44 pm
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Location: Delhi (India)
1 Years is the time limit for Defamation/ Malicious Prosecution.

For Defamation: 1 year from when the last time slander was done.
For Malicious Prosecution: 1 year from the date of acquittal/ discharge.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


Thu Dec 22, 2011 6:15 pm
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Joined: Mon Jun 08, 2009 8:49 pm
Posts: 54
shoneek wrote:
1 Years is the time limit for Defamation/ Malicious Prosecution.

For Defamation: 1 year from when the last time slander was done.
For Malicious Prosecution: 1 year from the date of acquittal/ discharge.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com



thanks Shonee. could you please tell me what constitutes Malicious prosecution? Is it criminal defamation? thanks


Thu Dec 22, 2011 11:23 pm
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Joined: Mon Apr 21, 2008 12:04 am
Posts: 53
Sorry to pick your brains again.

1. When we say "Malicious Prosecution". Does this go against the Public Prosecution team (with the police roped-in) for registering a false complaint and conducting the trail of such a complaint inspite of lack of credible evidence ?

2. Does the Judge have to grant an order stating that this was a "false case" filed to acheive personal gains
or does it qualify for Malicious Prosecution even if the Judge grants an acquittal since the charges were not proved beyond reasonable doubt (with a few contradicting witness stmts) ?

End of the day, can the Public Prosecutor be held accountable and fired/barred from legal practice ?

Thanks,
Dev.


Tue Jan 17, 2012 6:37 pm
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Joined: Tue Mar 18, 2008 1:44 pm
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Location: Delhi (India)
Malicious prosecution = instituting case maliciously.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


Wed Jan 18, 2012 10:51 am
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Joined: Mon Sep 13, 2010 2:30 pm
Posts: 4740
Judge grants an acquittal since the charges were not proved beyond reasonable doubt (with a few contradicting witness stmts) ?
This is the usual scene

End of the day, can the Public Prosecutor be held accountable and fired/barred from legal practice ?
No


Wed Jan 18, 2012 12:53 pm
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Joined: Sat Jul 23, 2011 12:38 pm
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Judge grants an acquittal since the charges were not proved beyond reasonable doubt (even if complainant itself accepts that he has filed a case in anger ( in 498a & 304b case) ?

Can any case be filed against complainant for false case?
Can the false complainant will be prosecuted(in false 304b case)?

What is the bare minimum punishment for false complainant for defamation case?

Please suggest.

thanks
Sachin


Mon Nov 25, 2013 5:08 pm
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Joined: Mon Aug 05, 2013 10:57 am
Posts: 20
@Shoneek,
1. Does slander mean "FIR" for putting defamation case or is it date of acquittal? Is 1 year for civil defamation or for criminal defamation?
2. Is malicious prosecution also involves IO as respondent or can it be put only against complainant?
Kindly advise.


Tue Mar 04, 2014 11:07 am
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Joined: Fri Mar 22, 2013 1:34 pm
Posts: 82
I believe it is from the day of filing charge sheet.

_________________
Aditya


Thu Mar 13, 2014 5:04 pm
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