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K. SREENIVASA REDDY
C. SUNIL KUMAR REDDY – Appellant
Versus
STATE OF A. P. – Respondent
ORDER :
This Criminal Petition is filed to quash the proceedings in C.C.No.496 of 2014 on the file of the Judicial Magistrate of First Class, Rayachoty, YSR District.
2. The facts averred in the present Criminal Petition are that 2nd respondent/complainant in C.C.No.496 of 2014 filed complaint seeking to punish the petitioners herein for the offence punishable under Section 500 of the Indian Penal Code, 1860 (IPC) i.e. for defamation, on the ground that they have made defamatory statement in the counter filed by 2nd petitioner herein, in I.A. No.413 of 2013 in O.S.No.45 of 2009, which is pending on the file of the Senior Civil Judge Court, Rayachoty, where suit is filed by 2nd respondent/complainant against 2nd petitioner herein, who is arrayed as 2nd defendant, and others seeking specific performance of agreement of sale. 1st petitioner herein is the counsel for 2nd petitioner herein before the court below.
It is stated that as 2nd respondent herein, who is plaintiff in the suit, could not file his affidavit in lieu of his examination-in-chief, the learned Senior Civil Judge closed the evidence on his behalf in O.S.No.45 of 2009 on 14.11.2013. Thereafter, 2nd respondent herein filed
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.
The main legal point established in the judgment is the requirement of intention, knowledge, or reason to believe that the imputation would harm the reputation of the person concerned, as essential i....
The court established that for a defamation claim under IPC Sections 499 and 500, the publication must lower the reputation of the complainant, and the truth of the statements must be proven in their....
An individual act of defamation is required to invoke Section 500 of the I.P.C. The publication made by a newspaper bureau, based on public agitation, does not constitute an individual act of defamat....
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....
The essential ingredients of defamation under IPC Sections 499 and 500 require a clear intention or knowledge that the publication would harm the reputation of the person concerned, which was not est....
Section 499 of Indian Penal Code reads defamation.
To establish defamation under IPC, there must be evidence directly linking the accused to the publication and an intention to cause harm, which was lacking in this case.
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