Defamation or u/s 499 and u/sec 500 IPC & 153A , 120B , u/s 504  & 503 D Defamation or u/s 499 and u/sec 500 IPC & 153A , 120B , u/s 504 & 503 D

5 years ago

Dear Sir,

I wish to bring to your notice, that when i was doing my B.com final year my neibhours has committed a crime under various IPC sections, by spreading FALSE rumours by not giving any information ( SUSPICIOUS MANNER) thus damaging my reputation, and tarnishing my image, and also they had instigated the people to spread rumours against me thus causing Mental agony and reputation . They have committed the crime u/s 153 A, u/s 499 , u/s 500 , u/s 120B , u/s 504 u/s 503 D . I came to know only they have absconded, but when i went to police station they refused to register the complaint due to lack of evidence. The subsequent accused in this case absconded from that place, since the relatives are are staying in that jurisdiction has taken control by instigating the public. I came to know only when they absconded from that place, but there was an very big hand. This incidence occured in1990 but can i file a fresh complaint now in the jurisdiction police, if they ask why there is an delay in filing the case , what to say . Please advice on this case. how to handle, even now Public are creating Public nuisance because of spreading rumours and also tarninshed my image. this is a great problem. CAN IF FILE A CIVIL SUIT FOR 100 CRORE DAMAGES. PLEASE ADVISE ON THIS ISSUE AWAITING FOR YOUR REPLY. CAN A SEARCH WARRANT CAN BE GIVEN FROM THE COURT TO ARREST HIM, BUT INTERROGATING THE LAND LORD WHO HAS GIVEN THE HOUSE, CAN IT BE TRACEABLE THE SUSPECT OR AN ACCUSED.

PLEASE ADVICE! AWAITING FOR YOUR REPLY.

REGARDS

RICHARD

Nirmal Chopra

Responded 5 years ago

A.The limitation for entertaining your complaint is over.so think this chapter to be legally closed.if you proceed , you will not have any positive outcome.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ambrose Leo

Responded 5 years ago

A.Yours is old and time bar cases, now you cannot prove any criminal activities against the persons who have absconded. Even a case registered it cannot be investigated in the absence of witness or about there whereabouts.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.NO LIMITATION FOR OFFENCES MORE THAN 3 YEARS PUNISHMENT

Section 468 in The Code Of Criminal Procedure, 1973
468. Bar to taking cognizance after lapse of the period of limitation.
(1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub- section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be-
(a) six months, if the offence is punishable with fine only
1. Provisions of this Chapter shall not apply to certain economic offences, see the Economic Offences (Inapplicability of Limitation) Act, 1974 (12 of 1974 ), s. 2 end Sch.
(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) three years, if the offence is punishable with imprisonment for term exceeding one year but not exceeding three years.
(3) 1 For the purposes of this section, the period of limitation in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]
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Anonymous

Replied 5 years ago

Dear Sir,
I agree what you are saying is right , but even then is there any solution for this to stop rumour mongering. Due to personal vengenance they are doing.What is the remedy to stop this. This rumour mongering HURTS ME BADLY, because i Did not Get any Justice for what i have not done. so then why i have to suffer like this. Pleas find a solution for this. Even in office , i have not given any senior most position due to this, but they are not giving any information what it is about, but we have to assume or think or gauge or guess this is the problem due to that i did not get any achievement or success. I also find it difficult to work due to Mental agony. Even it affects in my Employment carreer due to rumours spread about me, eventually i am not getting any justice for me. Please look at the Positive side , to find a amicable solution through Legal course.
Awaiting for your reply.

regards
richard

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Anonymous

Replied 5 years ago

Dear Kishan Dutt Kalaskar (Retd Judge),

I WANT TO FILE A PRIVATE COMPLAINT IN COURT AS A PRECAUTIONARY MEASURE THE RUMOURS WAS SPREAD ANONYMOUSLY ( MEANING WITHOUT LETTING OTHERS PEOPLE KNOW ) OR IN SUSPICIOUS MANNER .PL. SPECIFY THE FEES , BEFORE THAT PLEASE READ THE BELOW STATEMENT.

I personally investigated this case,from scratch Mr. A Sudhakar was my Classmate since from 3 rd standard at Cathedral High School in 1970. only when i came to 7th Standard his friends told me that Mr. Sudhakar is spereading rumours about me, but i ignored and said to his friends let him say Whatever he wants to say, i know what i am, however when i was doing my college it became bad to worse between 1984 onwards .ACTUALLY I WAS IN HIS HIT LIST OF SUDHAKAR SINCE MY SCHOOL AND COLLEGE DAYS.

SINCE SUDHAKAR BROTHER WAS MOVING SUSPCIOUSLY NEAR MY HOUSE WHEN I WAS DOING MY COLLEGE, THEN ONLY I CAME TO KNOW HE HIS HAVING A HAND MOREOVER SUDHAKAR BROTHER WAS FOLLOWING ME WHEREVER I WENT.

MR. A SUDHAKAR WAS INTO CRIMINAL ACTIVITIES LIKE BLACMAILING, CRIMINAL ASSUALT, CRIMINAL CONSPIRACY, EXTORTION & THREATENING OTHERS. HE WAS IN AUSTIN TOWN IN 1980 EARLIER THEN MOVED DOWN TO PULIKESHNAGAR NEAR FRAZER TOWN . HIS BROTHER WAS MOVING SUSPICIOUSLY NEAR MY HOUSE WAS IN CENTRAL JAIL FOR BLACMAILING/THREATNING/CRIMINAL ASSUALT & OTHERS CRIME BUT RELEASED ON BAIL.

MR. A SUDHAKAR WAS DETAINED UNDER ANTI-GOONDA ACT IN THE YEAR 2000 BY PULIKESHNAGAR POLICE STATION AND STILL 5 CASES ARE PENDING AGAINST HIM.( HE WAS IN JAIL & LATER GOT BAIL ).
HE TRIED HIS OPERATION AGAINST ME IN 1979 ITSELF BUT IT FAILED BY SPREADING FALSE RUMOURS BECAUSE HE COULD NOT GET ANY OPPORTUNITY SAY 20% but i ignored the rumours.

IT WAS IN IN THE YEAR 1985 STARTED WHEN OUR NEIGHBOURS IN 3RD CROSS ROAD, HAD CRIMINAL CONTACT WITH ANTISOCIAL ELEMENTS WHO ARE INTO EXTORTION/THEFT/MURDER & OTHERS, MOST OF THE GANG WAS STAYING NEXT TO THEIR RELATIVES HOUSE. SINCE SUDHAKAR HAD CRIMINAL RECORD, HE CAME INTO CONTACT WITH THE NEIGHBOURS & RELATIVES GANG STAYING NEXT TO THEIR HOUSE. I HAD NO COMMUNICATION WITH THE NEIGHBOUR, WHATSOEVER THAT IS WHY HOW WOULD THEY HAVE EXECUTED THE PLAN IT IS VERY SHOCKING FOR ME. FURTHER INVESTIGATION REVEALED THE NEIGHBOUR HAD CRIMINAL RECORD. SINCE SUDHAKAR WAS AGAINST ME TOOK THE ADVANTAGE OF THIS SITUATION, & CONTACTED THE NEIGHBOUR TO CARRYOUT THE OPERATION. I THINK IT WAS PRE-PLANNED. THE BASE OF OPERATION WAS INFANT JESUS CHURCH VIVEKNAGAR. BECAUSE THE NEIGHBOUR WAS MEMBER OF THE CHURCH. BUT THEY WERE SPREADING DAMAGING STATMENTS BUT NEVER USED TO GIVE ANY INFORMATION. MORE THAN 5 LAKH VISITED THE CHURCH SO IT WAS EASY OPERATION TO SPREADING RUMOURS, THEY ALSO MADE PROVOCATIVE STATMENTS BY INCITING THE PUBLIC ANONYMOUSLY.

IT WAS IN 1998 MR. KEMPAIAH IPS (DEPUTY COMMISSIONER OF POLICE) IN OUR JURISDICTION CONTACTED HIM ON TELEPHONE HE TOLD ME TO FILE A POLICE COMPLAINT IN ASHOK NAGAR POLICE STATION, SINCE I DID NOT HAD ANY STRONG EVIDENCE NOR I DID NOT NOW WHO IS THE PRIME SUSPECT NOR DID I KNOW WHAT IS ABOUT RUMOURS OR DAMAGING STATEMENT I WAS UNABLE TO FILE THE COMPLAINT. THIS WAS DISAPPOINTING FOR ME. EVEN DEPUTY INSPECTOR GENERAL OF POLICE VISITED MY OFFICE IN 1990 ON SOME PERSONAL WORK, MR. B.Y.BHOSLE I COULD NOT ABLE TO FILE THE COMPLAINT DUE TO LACK OF INFORMATION OR EVIDENCE.
Even H.T. Sangliana who visited our church, i could not able to proceed further even though i knew some Police officers, this is because due to lack of evidence. I also did not take seriously in this case because of rumours. Later when it became bad to worse, i began thinking.

Lastly the operation was Preplanned by them, IPC U/s 153 A ( inciting the people to create enmity or hatredness or division in society ), IPC u/s 120 B ( Criminal Conspiracy), IPC u/s 504 ( Intentional insult for breach of peace) u/s 503 ( Black mailing a person ANONYMOUS -meaning you will not let know People what they are doing) IPC u/s 201 ( Destruction of Evidence) & 503 D ( Criminal Indimidation with antisocial elements.)
IPC U/S 499 ( CRIMINAL DEFAMATION) IPC U/S 500 CIVIL DEFAMATION FOR DAMAGES CAUSED for my reputation). Police interrogation will reveal the truth why he did so as there was no communication with them & also who all were part of this crime. Or Any Money paid to antisocial elements to Black mail like him.

All the crime TALLYS WITH SUDHAKAR WHAT HE DID ALONG WITH THE NEIGHBOUR.

NEIGHBOUR HAS CONNIVED WITH ANTISOCIAL ELEMENTS TO COMMIT THE CRIME AGAINST ME ALONG WITH SUDHAKAR UNDER VARIOUS IPC SECTIONS.

The Neighbour is the Prime Suspect who absconded after committing the crime and others are Co-Suspect in this case. they also become abetment to crime under various IPC Sections as referred above.

I wanted to file a private complaint in Court please specifiy the fees .

AT LAST I WANT JUSTICE, AND THE TRUTH SHOULD COME OUT ,BECAUSE THERE WAS NOT COMMUNICATION WHATSOEVER MOREVER I AM DEEPLY HURT AND DISAPPOINTED FOR DAMAGES CAUSED TO ME. THEY ARE ALSO DANGEROUS TO SOCIETY FOR SPOILING TRANQUILITY AN PEACE & SPOILING THE RELATIONSHIP OR DIVISION IN SOCIETY & THE PEOPLE.

Please reply to my email at the earliest and oblige.

[email protected]

Thanks & regards

Richard

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