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SURYA KANT, J. K. MAHESHWARI
B. R. K. Aathithan – Appellant
Versus
Sun Group – Respondent
JUDGMENT
Surya Kant, J. - Delay condoned.
2. Leave granted.
3. The appellant assails the Judgment and Order dated 30-08-2019 passed by the High Court of Judicature at Madras, Madurai Bench, whereby the High Court allowed the petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, `the Cr.P.C.') filed by the respondents and quashed the Criminal Complaint viz. STC No.45 of 2017, filed under Sections 499 and 500 of the Indian Penal Code, which the appellant had filed against the respondents.
4. Briefly stated, the facts are that First Information Report No.345 of 2013 was registered against the appellant under Section 468 IPC before Tirucher Taluk Police, Tutukodi District at the instant of an Advocate who alleged that the appellant had taken huge amounts of money by assuring admission to candidates in various law colleges.
5. The factum of registration of the FIR and arrest of the appellant in that case was tele-casted and published in the TV and print media by the respondents.
6. The appellant having felt that the action of the respondents amounted to criminal defamation, filed a Criminal Complaint under Sections 499 and 500 IPC etc. which was, however, dismissed b
The application of judicial mind by the trial court in dismissing a complaint and the withdrawal of a revision petition do not permit the filing of a second complaint on identical facts.
even in the complaint, there is no averment that other persons read the counter. As such it would not in any way come within the purview of defamation under Section 499 IPC.
Accusations made in good faith to an authorized person do not constitute defamation under Section 499 IPC.
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.
(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....
Section 499 of Indian Penal Code reads defamation.
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