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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.M.MODAK
Priyanka Vijay Gwalani, D/o. Hiranand Dulhani – Appellant
Versus
Vijay Inderlal Gwalani – Respondent
| Table of Content |
|---|
| 1. resolution of initial complaints (Para 1 , 2) |
| 2. parties present opposing arguments (Para 3 , 4 , 5) |
| 3. remand orders lack justification (Para 6 , 7 , 8 , 9) |
| 4. examining defamation exceptions (Para 10 , 11 , 12) |
| 5. allegations' relevance in matrimonial proceedings (Para 13 , 14 , 15 , 16) |
| 6. application of legal principles in defamation (Para 17 , 18) |
S.M. MODAK, J
Heard learned Advocate Dewani for the Petitioners-the Accused persons and learned Advocate for Respondent No.1-Complainant.
2. It is a matter of record that up til now no process is issued for an offence punishable under Section 500 ,506 read with Section 34 of the INDIAN PENAL CODE against these Petitioners. Though the Respondent No.1 has requested the Court of 11th Additional Chief Metropolitan Magistrate, Kurla to issue process for those sections against the Petitioners, however, he has failed. The learned Magistrate as per the order dated 15th April 2023 has dismissed the complaint by taking recourse to the provisions of Section 203 of Cr.P.C.. The material findings are as follows:
“ However, to my mind, complainant has failed to made out prima facie case to issue process against accused person
Allegations made in matrimonial proceedings may fall within the exception to defamation under Section 499 IPC, preventing issuance of process without adequate prima facie evidence.
Complaint filed by the respondent No.2 would be barred by Section 300 (1) of the Criminal Procedure Code being successive prosecution as for the very set of allegations, earlier complaint filed by th....
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....
The proceeding is barred by limitation and the exceptions to section 499 of the IPC apply.
The trial Court must conduct a sufficient inquiry under Section 202 before summoning an accused for defamation, ensuring no abuse of process occurs.
(1) Magistrate while deciding whether to issue process is entitled to form a view looking into materials before him.(2) Defamation – If from evidence led it is established that authorised agent had i....
Filing an FIR does not constitute defamation unless it is shown to harm the complainant's reputation, which must be substantiated by evidence.
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