Dismissal of criminal contempt petition citing no public witness
10 months ago
Can a criminal defamation petition be dismissed by the court citing no details of witnesses in the original petition? The court examined the online defamatory material (Certificate 65B was furnished) ); found it defamatory, but then dismissed the petition, without summoning the defendants, saying no details of public witnesses were provided in the contempt petition! Operative part of order is - if no public persons comes before the court to depose as witness, court can't proceed further.
A.Hello,
As per the information you have mentioned , court can pass an ex-parte decree against the party if no respose after serving summon, however it is the discretion of the court.
As per the information you have mentioned , court can pass an ex-parte decree against the party if no respose after serving summon, however it is the discretion of the court.
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A.Dear Client,
Any criminal charge brought against a person needs to be proved by adducing corroborative evidence of the witness before the Court trying the matter. In the absence of names and details of witnesses in the original petition, Court may dispose of the case on the said ground. You may file an appeal before the Higher Court challenging the order of the Lower Court with all corroborative evidence/witnesses to substantiate your stand in the case. Rich out to an Advocate practicing in High Court for guidance and steps. If you need any assistance in this regard from us you may contact to our legal team with all your case briefs.
Any criminal charge brought against a person needs to be proved by adducing corroborative evidence of the witness before the Court trying the matter. In the absence of names and details of witnesses in the original petition, Court may dispose of the case on the said ground. You may file an appeal before the Higher Court challenging the order of the Lower Court with all corroborative evidence/witnesses to substantiate your stand in the case. Rich out to an Advocate practicing in High Court for guidance and steps. If you need any assistance in this regard from us you may contact to our legal team with all your case briefs.
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