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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SACHIN SHANKAR MAGADUM
Prashanth Sambargi, S/o. Late Shashidhar B. Sambargi – Appellant
Versus
Roopa M. S., W/o. Sri. Y.K. Devanatha – Respondent
| Table of Content |
|---|
| 1. quashing of firs for defamation complaints. (Para 1 , 2) |
| 2. arguments against the complainants' motivations. (Para 3 , 4) |
| 3. defense based on lack of evidence for defamation. (Para 5 , 6 , 7 , 8) |
| 4. evaluation of prima facie evidence. (Para 9 , 10) |
| 5. defining the essentials of defamation. (Para 14 , 15 , 16) |
| 6. potential for abuse of legal process. (Para 18 , 19) |
| 7. outcome of the petitions to quash complaints. (Para 20 , 21 , 22) |
ORDER :
SACHIN SHANKAR MAGADUM, J.
1. Petitioner in these three petitions is seeking quashing of the proceedings pending in PCR Nos.3557/2018, 9983/2018 and 5513/2021, wherein in all these private complaints, petitioner is accused of the offence punishable under Sections 120B, 499, 500 and 504 of IPC . Crl.P.No.4935/2022 is filed seeking quashing of FIR in PCR.No.3557/2018 for the offence punishable under Section 499 and 500 of . Crl.P.No.7106/2022 is filed seeking quashing of FIR in PCR.No.9983/2018 for the offence punishable under and 500 of . Crl.P.No.5260/2022 is filed seeking quashing of FIR in PCR.No.5513/2021 for the offence punishable under Section 120B(1), 499, 500 and 504 of .
2. The facts leading to the case are as under:
The
A person cannot be held liable for defamation without evidence of intent to harm or direct involvement in the publication of defamatory statements.
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.
Section 499 of Indian Penal Code reads defamation.
The main legal point established in the judgment is the requirement for an imputation to lower the moral or intellectual character of a person to constitute defamation under Section 499 IPC. Addition....
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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