Legal Question in Criminal Law in India

My brother was placed under suspension and six charges were leveled viz.(i)involvement in embezelment of Rs one crore,(ii)involvement in embezelment of Rs 13 lacs(iii)To misguide Govt.by sending wrong educational data.(iv)To decide representation beyond jurisdiction to give benefit to someone. (v)To not properly supervised. (vi)To adopt pick and choose practice.

competent authority has passed final order exonerating from all charges and reinstated in service with all consequential benefits.

My brother wants to file a defamation suit against officers who were involved in suspendind him for no charges and framing charges on fals grounds and forged documents.Pl.advice me.


Asked on 10/08/10, 9:45 pm

2 Answers from Attorneys
Vishwa Arya Arya & Co.

for criminal action, the limitation begins from the date when the charge sheet was issued and not from the date of exoneration. What is the date when he was charge sheeted?

Civil suit for damages on the grounds of defamation may be filed on payment of court fees on the amount of damages claimed.

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Answered on 10/08/10, 10:08 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may file damages for malicious prosecution and also file a civil suit for damages for defamation and criminal case u/s 499 for defamation but in the judgment, it should be mentioned that you are acquitted and also that you were maliciously prosecuted at the instances of officials.

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Answered on 10/09/10, 9:09 am


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