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B. R. GAVAI, SANDEEP MEHTA
Sanjay Upadhya – Appellant
Versus
Anand Dubey – Respondent
Key Points: - The judgment holds that publication in good faith and in exercise of Article 19(1)(a) rights cannot be termed defamation under IPC Section 500. (!) - The trial court’s order rejecting the complaint was well-reasoned and correct, acknowledging the defender’s publication was in good faith and protected by the Constitution. (!) - The High Court and revisional court's interference was unwarranted; the revisional courts’ orders were quashed and the criminal proceedings were quashed. (!) (!) (!) - The appeal resulted in quashing of all proceedings against the accused under Section 500 IPC. (!) - The case involved a newspaper publication in 2013 and addressed whether press publication could be prosecuted for defamation when made in good faith. (!) (!) - The Magistrate’s order dated 12th June, 2017, rejecting the complaint, was upheld as well-reasoned. (!) (!) - The respondent-complainant’s revision and subsequent high court orders were set aside. (!) (!) - The appellant was the registered owner of a newspaper; the publication in question bore the title alleging a false matter about an advocate. (!) - The final outcome: all proceedings under Section 500 IPC against the appellant are quashed. (!) - The decision references constitutional protections of speech and expression as a core factor in determining defamation. (!)
JUDGMENT :
Mehta, J.
1. Leave granted.
2. The instant appeal has been preferred by the accused appellant who is facing prosecution for the offence punishable under Section 500 of Indian Penal Code, 1860 in a complaint filed by the respondent-complainant Anand Dubey in the Court of Judicial Magistrate First Class, Hoshangabad. The complaint was founded on an allegation that the appellant who is the registered owner of a Daily newspaper named ‘Sunday Blast’ having its registered office at Malviya Hospital, Kothi Bazar, Hoshangabad Tehsil and District Hoshangabad, allowed a news article to be published in the edition dated 24th February, 2013 bearing a title “Advocate ne pan masala vyavasayi par karaya jhuta mamla darj”.
3. The respondent-complainant filed the subject complaint in the Court of Judicial Magistrate First Class, Hoshangabad alleging that the appellant had allowed the said news article to be published in his newspaper without ascertaining the true facts and that such publication brought down the reputation of the respondent-complainant in the eyes of the public at large and thus, the accused appellant was liable to be prosecuted for criminal defamation punishable under Sectio
Defamation – Publication of defamatory news article in a Newspaper in good faith and in exercise of Fundamental Right of Freedom of Speech and Expression enshrined under Article 19(1)(a) of Constitut....
The publication of defamatory statements without substantiation violates the rights of the affected person, and intention or knowledge regarding reputational harm suffices for establishing defamation....
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.
Defamation requires specific allegations and evidence of reputational harm; failure to conduct a mandatory inquiry before issuing summons renders the proceedings invalid.
The court held that a news report published in good faith, including the complainant's version, does not constitute defamation under IPC Sections 499-501.
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