Complaint made under the authority of Section 200 read with Section 190 of the Criminal Procedure Code, 1973
- The Plaintiff is residing at the address mentioned in the cause title or ……….. The Plaintiff is a very well known politician, currently a Member of……..and a respected member of the Society. The Plaintiff has an unblemished reputation and goodwill in the Society. The Plaintiff has been actively involved in rooting out the corrupt practices and activities prevalent in the …………… welface and has extensively campaigned in bringing the development in the society.
- Defendant ……(Name)…. is social activist supported by other political party……having its office or address at ………… The Defendant has published the post on Social Media platform, Page name………. in “Facebook.com” dated ……..and thereafter on ……..date on, which is the subject matter of this Suit. The said Facebook post is published in Hindi language and has wide range amount the page member. The Defendant is a ……….local social activist, who has conducted a meeting or Press Conference on ……………, wherein certain purported post has been posted.
- The Plaintiff also filed a complaint with ………….Police Station on date………., requesting the said police authorities to take cognizance of the false facebook post on social media. The Plaintiff that a complaint in that regard has been registered, Hereto annexed and marked as Exhibit “F”….. , a copy of the complaint dated ………….., 2018 filed by the Plaintiff with ……….. Police Station. Thereafter, to the shock and surprise of the Plaintiff once again on ………….a post on facebook page titled as “……………………” (Hereinafter referred to as “the 2nd Defamatory post”) has been published by defendant. The defended very well knows that such information is false and has posted the same for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, blemished reputation and goodwill in the Society, enmity, hatred and ill will.
- Defended is persistently doing such acts by making use of computer resource and communication device (Mobile) for sending such message on the facebook page.
- The defended has circulated the said offensive and false material on the internet which is visible at Facebook page …….. ————–(the details of the web portal or platform where the message has been posted). The offensive material is not only false but frivolous, defamatory, abusive and insinuative and has been done with the intention to insult and cause a by slandering and slurring my character.
- These amounts to making defamatory comment and post on social media and several persons on the group have already asked me about the same believing the same to be true. This has been done with the intention to defame and injure my character and reputation and cause injury to my character. The aforesaid person is liable for prosecution for offensive comment on social media and other offenses.
- The accused submit that in the said Impugned Defamatory Post various allegations have been made about or relating to the Plaintiff, which are per-se unfounded, unjustified, false, untenable and defamatory. It is prima facie with an intention to harm the reputation and integrity of the Plaintiff. By the post, the image of the Plaintiff is sought to be tarnished before the public at large thereby harming the Plaintiff personally and professionally. The impression is sought to be created by the Defendants in the mind of the public at large is that the Plaintiff is making a show up of his fight against corruption and working for development of the society. By this Impugned Defamatory Post the Defendants have damaged the image of the Plaintiff and his well-wisher in the eyes of the general public, his friends, acquaintances and professional colleagues. The Plaintiff says and submits that such imputation which by itself harms his reputation is per-se defamatory and actionable.
- The Defendant is a habitual mischief maker, known for her reputation and spreading baseless allegations against the public figures to tarnish their image for her personal gain. The Defendant is well aware of the image of the Plaintiff and his reputation in the Society. The Post and comment note seem to have been published upon the instigation of the Plaintiff’s rivals and is politically motivated.
- The Plaintiff is therefore entitled to recover damages to the tune of Rs. 1 Crore from the Defendants, for the harm, loss, injury and damage caused to the Plaintiff and their personal and professional reputation by the Defendants. Having regard to the Defendants’ conduct, the Plaintiff is entitled to aggravated damages. The Plaintiff submits that, in light of the facts and circumstances of the case, in addition to damages, the Plaintiff is entitled to have the Defendants ordered and directed forthwith to make a public retraction of the allegations and publish an unqualified apology to the Plaintiff in their forthcoming post on same facebook page. The Plaintiff submits in the circumstances, the Plaintiff is entitled to such public apology from the Defendants forthwith.