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NINALA JAYASURYA
Gireesh Sanghi, S/o Ram Sharan Sanghi – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
Heard learned counsel for the petitioners. Also heard learned Assistant Public Prosecutor and the learned party-in-person/2nd respondent.
2. The present Criminal Petition is filed seeking to quash the proceedings in C.C.No.145 of 2016 on the file of the Learned Additional Judicial First Class Magistrate, Alamuru, East Godavari District.
3. The 2nd respondent filed a complaint under Sections 190(1)(a) & 200 Cr.P.C against the petitioners and others for the offences punishable under Sections 499 , 500 and 501 R/w Section 34 of IPC.
4. The learned counsel for the petitioners/Accused Nos.1 & 2, inter alia contended that the learned Magistrate took cognizance of the offence, though the ingredients of Sections 499 and 501 of IPC are not attracted. He submits that while publishing a News item in respect of General Elections, 2014 of Andhra Pradesh Assembly in the year 2014 in Varatha Daily Newspaper an inadvertent mistake occurred in reporting the News. It was mentioned/published on 17.05.2014 that the B.S.P candidate/2nd respondent secured 1,039 votes, but noticing the same, within 4 days a News item was published on 21.05.2014 stating that in the News item dated 17.05.2014 by mistak
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....
Only an aggrieved party or an authorized representative can file a defamation complaint under Section 200 Cr.P.C., and lack of authorization invalidates the complaint.
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.
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