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J. B. PARDIWALA, MANOJ MISRA
Kishore Balkrishna Nand – Appellant
Versus
State of Maharashtra – Respondent
ORDER :
1. The respondent No. 2 (original complainant) although served with the notice issued by this Court, yet has chosen not to remain present before this Court, either in-person or through an advocate, and oppose this appeal.
2. This is an appeal at the instance of the original accused summoned for the offence of defamation punishable under Section 500 of the Indian Penal Code (for short “the IPC”) and is directed against the order passed by the High Court of Judicature at Bombay, Nagpur Bench, dated 03.02.2010 in Criminal Writ Petition No. 676 of 2009, by which the High Court rejected the writ petition filed by the appellant-Kishore Balkrishna Nand and thereby declined to quash the order of issue of process by the Magistrate for the offence of defamation.
3. It appears from the materials on record that the appellant herein lodged a complaint in writing addressed to the Sub-Divisional Magistrate (for short “the SDM”) stating that the respondent no. 2 herein (original complainant) had put up a shop by encroaching upon some land. In the complaint. the appellant is said to have further stated that such shop put up by the complainant was creating nuisance, as many anti-social elements
Defamation – It is not a defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with regard to subject-matter of accusation.
(1) Magistrate while deciding whether to issue process is entitled to form a view looking into materials before him.(2) Defamation – If from evidence led it is established that authorised agent had i....
A defamation complaint must be filed by the aggrieved party directly, as a Power of Attorney lacks standing under Section 199(1) of the Cr.P.C.
The main legal point established in the judgment is the requirement to prove that the imputations had lowered the character of the victim in the estimation of others to establish the offence of defam....
Point of law : Defamation - In case of criminal defamation neither any FIR can be filed nor can any direction be issued under Section 156(3) of Cr.P.C.
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