This is case of Defamation that the Supreme Court has partly quashed as the comments which were alleged to be defamatory were found by SC as not defamatory.
It would thus be seen that when a private complaint is made to the Magistrate, before the Magistrate takes cognizance of the offence on the complaint so as to take the other steps, the complaint shall contain all the necessary facts constituting the offence for which the complaint was laid, so that the Magistrate can proceed further in taking further steps after cognizance of the offence is taken by issuing the process etc.
Shatrughna Prasad Sinha Vs Rajbhau Surajmal Rathi & Ors on 10 September, 1996
But we do not find any allegation made in the complaint. Accordingly, we hold that the complaint filed in the Court of the Judicial Magistrate, First Class in Court No.4 at Pune does not contain any of the allegations so as to constitute the offence of defamation defined in Section 499 and punishable under Section 500. Consequently, the Magistrate was not justified in issuing the process against the appellant. The complaint is accordingly quashed.
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