Legal Question in Criminal Law in India
My daughter in law filed 498A IPC against my whole family in 1999. We have been acquitted in 2011. I as father in law filed criminal defamation complaint in the Court of CJM under Sec 211, 499, 500, & 34 IPC against daughter in law and her parents and brother. CJM took cognizance and marked the file to JM for enquiry and trial. My statement on oath was done. Then I submitted that I have no other witness and the case will be proved by documentary evidence. JM rejected the complaint stating the 498A does not appear to have been filed with malice. Revision was filed. Revision was admitted and as per direction State was added as Party. ADJ issued summons to the the accused. Accused appeared through lawyer. After bearing the ADJ also rejected the revision. Kindly advise further course of action and also kindly intimate case law to support my case. Thanks and regards
1 Answer from Attorneys
Dear client as filling of 498 a complaint is not amount to defamation because it is family matter. The trial court and session court rightly rejected yr case. If u wish u can file writ petition in high court but nothing will happen in yr favor.
Adv prasad patil
9604349028
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