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Tag: Defamation Quashed

Shatrughna Prasad Sinha Vs Rajbhau Surajmal Rathi and Ors on 10 September 1996

Posted on January 7, 2019 by ShadesOfKnife

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.

And then,

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.

Shatrughna Prasad Sinha Vs Rajbhau Surajmal Rathi & Ors on 10 September, 1996

Citations:

Other Source links:


The Index for Defamation Judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 199 - Defamation CrPC 200 - Examination Of Complainant Defamation Quashed IPC 499 - Defamation IPC 500 - Punishment For Defamation Shatrughna Prasad Sinha Vs Rajbhau Surajmal Rathi and Ors | Leave a comment

E.Krishna and Ors Vs Srinivasa Chary on 17 November 2017

Posted on June 10, 2018 by ShadesOfKnife

In this quash judgment, AP High Court has held that

“The acts of the persons to redress their grievances through the available mode cannot, at any rate, be termed as acts made with an intention to defame the persons, against whom grievance is expressed.”

E.Krishna And Others Vs Srinivasa Chary on 17 November, 2017

Citations:

Other Source links:


The Index for Defamation Judgments is here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged CrPC 199 - Defamation Defamation Quashed E.Krishna And Others Vs Srinivasa Chary IPC 499 - Defamation Work-In-Progress Article | Leave a comment

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