IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAVI V.HOSMANI
Owais Umer Vahedna S/o Late Umar Abdul – Appellant
Versus
Criminal Revision Petition No. 1128 of 2025 – Respondent
| Table of Content |
|---|
| 1. challenge to the refusal of cognizance under ipc. (Para 1 , 2 , 3 , 4) |
| 2. arguments concerning the legitimacy of the complainants' claims. (Para 5 , 6 , 7 , 8 , 9) |
| 3. court's assessment of the defamation and related legal standards. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. decision rendered dismissing the revision petition. (Para 22) |
ORDER :
1. Challenging order dated 30.05.2025 passed by VIII ACJM, Bengaluru, in PCR.no.14037/2017 at Annexure-A refusing to take cognizance of offence punishable under Section 500 read with Sections 211 and 182 of Indian Penal Code, 1860 ('IPC' for short), this revision petition is filed.
2. Sri Arjun Rego, learned counsel appearing for Sri Rego LPE, advocate for petitioners (complainants) submitted, a private complaint was filed against respondent (accused) under Section 200 of Code of Criminal Procedure, 1978 ('CrPC' for short) stating that complainants and accused were relatives and there was dispute between them relating to ownership, construction, use, occupation and enjoyment of immovable property bearing Municipal no.20, A Cross, Benson Town, JC Nagar, Bangalore ('Premises' for short). It was alleged, acc
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Statements in judicial complaints can constitute defamation; however, delays and the need for evidence in support must be taken into account, reinforcing the importance of reputation and good faith i....
The main legal point established is that relevant averments in civil proceedings are necessary, and the pendency of a civil suit does not preclude the filing of a private complaint for defamation if ....
Important points:When concurrent findings of facts rendered by the trial court and the appellate court are sought to be set aside in revision, the High Court does not, in the absence of perversity, u....
In cases of criminal defamation, the magistrate cannot direct the police to register a crime and investigate the offense under Section 500 of the IPC, as established by the judgments of the Apex Cour....
A defamation complaint must specify the exact allegedly defamatory words to uphold a conviction under Section 500 IPC, protecting the accused's right to a fair defense.
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.
Filing an FIR does not constitute defamation unless it is shown to harm the complainant's reputation, which must be substantiated by evidence.
The court established that the intent to harm reputation is a key element of defamation under Section 499 of the IPC, and the burden of proving that an imputation falls within the Exceptions lies wit....
The proceeding is barred by limitation and the exceptions to section 499 of the IPC apply.
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