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Criminal Defamation Complaint Format

Format of Defamation Complaint under section 190 and 200 CrPC read with Section 499 and 500 of Indian Penal Code

 

IN THE COURT OF CHIEF JUDICIAL MAGISTRATE_______________

CMP NO________ OF ___20__


IN THE MATTER OF :
___________________________________             ...COMPLAINANT
VERSUS
___________________________________             ...ACCUSED

COMPLAINT ON BEHALF OF THE COMPLAINANT UNDER SECTIONS 190 AND 200 OF THE CODE OF CRIMINAL PROCEDURE, 1973 READ WITH SECTIONS 499 AND 500 OF THE INDIAN PENAL CODE AGAINST THE ACCUSED PERSON FOR MAKING DEFAMATORY REMARKS AGAINST THE COMPLAINANT 

MOST RESPECTFULLY SHOWETH:
1. That the present Complaint is being preferred by the above named Complainant under Sections 190 and 200 of the Code of Criminal Procedure, 1973 read with Sections 499 and 500 of the Indian Penal Code, 1860 (herein after referred to as "Code" or "IPC") against the Accused Person for making defamatory remarks against the Complainant while making false and defamatory statements on _____ around _____ A.M.

2. Mr. _______________, the accused is the State Secretary of the __________ party.

BRIEF BACKGROUND OF THE COMPLAINANT

3. That the Complainant herein is an Indian citizen and is an eminent personality in Indian Politics. The Complainant has earned substantial reputation over the years for his impeccable work for Charitable organizations and as Politician. The Complainant is currently a Member of Legislative Assembly representing the _____________ constituency.

4. That the Complainant completed his Master of Social Work in the year ___.

5. That during his political career, the Complainant has held and managed
key positions of responsibilities, and has served as __________________.

6. That the Complainant has been the recipient of several prestigious awards like ______________.

BRIEF BACKGROUND OF THE ACCUSED PERSON

7. That the Accused is a Member and State Secretary of the ruling _______________ and a law Graduate. The gravity of the culpable act of the accused can be assessed from the fact that he possesses very deep knowledge on the law of the land. Being a member of the legal profession, he must have weighed his words before speaking them against an eminent personality and he should not have stooped to the level of a stooge of the ruling political party.

ORIGIN OF THE PRESENT DISPUTE

8. That the Complainant has constructed a bridge at ____________ by utilizing MLA fund of Rs. ____________. The bridge was opened for public on___________. The accused posted in his facebook account that the Complainant has done corruption worth Rs. ___ lakhs. On the basis of the statement of the accused an investigation was conducted by ______ department. Investigation report was published on ____________ and found that there was no corruption in the bridge construction and the allegations of the accused were false.

9. On ____ the accused has posted one page allegation against the complainant in his facebook account. He has lakhs of followers and the statement was read by large number of people.

DEFAMATORY CONTENT

10. The contents of the Impugned Post are reproduced herein below:

____________________ ________________ __________________ ______ _______________ __________________ ______________ _____________

11. A perusal of the Impugned post the statements, makes it abundantly clear that, the accused has purposefully lied to the public with the culpable and malicious intention to defame the complainant and thereby to spread an untrue, false and scandalous imputation against the complainant that he is a corrupt.

12. It is abundantly clear that the accused has misused his facebook account and posted defamatory statement and distorted it and deliberately and with a mala fide intention picked it out of context and misapplied it in his condemnable act to tarnish the reputation and fame of the complainant. Using the occasion the accused has intentionally and deliberately with the clear cut intention to damage and harm the reputation of the complainant published the false imputation against him that the complainant is an accused in a corruption case.

13. That being aggrieved by such acts of the Accused, the Complainant sent a legal notice to the accused dated _____________ calling upon him to tender an unconditional and written apology within 48 hours of the receipt of the Notice, for making such an untrue, false and baseless imputation against the Complainant. He was also called upon to delete and remove the facebook post with those false, untrue, malicious and highly defamatory statements in the said time frame in compliance to the Notice and to publish an unconditional apology as required by the Complainant. The complainant also cautioned him about the consequences of a litigation which may be commenced in both civil and criminal lines in case of his non-compliance. The notice was intended to caution the Accused against the defamatory remarks and comments made by the Accused against the Complainant. The accused received the notice and has sent a reply notice dated __________. 

14. In his reply notice the accused denied all the factual imputations raised against him. The accused defended his acts in vain by saying that the people have a right to know the matters concerning the complainant especially matters those which affects the society as a whole since the complainant is a MLA and a Representative of the People. Instead of acting fairly in compliance to the Notice demands which are only Just and fair, the accused chose to stick to his malicious and ill conceived stand and vehemently tried to defend his illegal acts and words in vain. He also declined to tender the apology or to withdraw and delete the face book post and on the other hand required the complainant to withdraw the lawyer notice within 48 hours and to apologize to the accused.

15. That it is humbly stated that the Accused has committed an offence under Section 499 of the IPC as the Complainant has suffered humiliation and severe loss of reputation in the eyes of the public and he has baselessly been declared by the Accused that he is corrupt. Such malicious, unsubstantiated and reckless imputations have deeply hurt the public standing and reputation of the Complainant who has spent decades in public life and community service and thereby built an immense reputation for himself in the eyes of the public, which has been severely impaired by the acts of the Accused.

16. That the mental suffering caused to the Complainant cannot even be calculated in terms of money.

17. The accused resides at _____________ within the jurisdictional area of ___________ Police Station, ______________. The complainant resides within the jurisdictional area of ___________ Police Station, ______________. Hence this Private Complaint is presented before this Honourable Court, within the territorial jurisdiction of which the Complainant has suffered defamation on account of the culpable offences committed by the accused and this Honourable Court has jurisdiction to entertain the complaint.

18. The above mentioned acts of the accused person constitute the commission of offence defined under Section 499 of the Indian Penal Code, which is punishable under Sections 500 of Indian Penal Code.

PRAYERS
In view of the above it is most respectfully prayed that his Hon'ble Court may graciously be please to:-

i) receive the complaint on files and take cognizance of the matter and issue summons to the accused and proceed against him and try him for the above mentioned offences as per Law and award him with appropriate punishment as provided in the Law;

ii) Pass any other or further order/s as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
 

COMPLAINANT

THROUGH

__________Advocate

Place:_________

Date:__________

 


 

IN THE HIGH COURT OF _____________________

CIVIL ORIGINAL JURISDICTION

IN THE COURT OF CHIEF JUDICIAL MAGISTRATE_______________

CMP NO________ OF ___20__


IN THE MATTER OF :
___________________________________             ...COMPLAINANT
VERSUS
___________________________________             ...ACCUSED

AFFIDAVIT

I, ___________________ S/O ___________________ R/O _________________ do hereby solemnly affirm and declare as under:

1. That I am the Complainant of the instant Complainant and being conversant with the facts and circumstances of the case, am competent to swear this Affidavit.

2. That the accompanying Complaint has been drafted under my instructions, the contents of which are true and correct on the basis of records maintained by me. No part of it is false and nothing material has been concealed therefrom.

DEPONENT

VERIFICATION:
I, the above named Deponent, do hereby verify that the contents of the above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.

Verified at New Delhi on this ____ day of _____, 20__

DEPONENT

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