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SHAMPA DUTT (PAUL)
Sanjay Kumar Sharma – Appellant
Versus
Krishnendu Narayan Choudhury – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revision has been preferred by the Accused/Petitioner praying for quashing of impugned Criminal Proceeding being 269C of 2023 under Section 200 of the Code Criminal Procedure, 1973 with respect to the alleged commission of the Offences under Sections 182/211/499/500/503/504 of the Indian Penal Code, 1860 presently pending before the Learned Judicial Magistrate, 1st Court, Malda, West Bengal.
2. The case of the Opposite Party/Complainant is that the petitioner stated in various applications/petitions including Writ Application(s) that the opposite party was a “Corrupt Chairman” and that a First Information Report was also filed against him, wherein he used such terms and that has harmed his reputation.
3. It is further stated that:-
The court held that allegations of defamation and criminal intimidation lacked substance and failed to meet the necessary legal criteria under IPC Sections 500 and 506.
In a defamation case, the accused must have acted with the intention to harm the reputation of the complainant and must have made or published a defamatory statement.
The court established that defamation claims require clear intent to harm, and the absence of such intent, along with applicable exceptions, can lead to quashing of proceedings.
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 central legal point established in the judgment is that the accused persons were entitled to the benefit of exception 1 to 9 of Section 499 of the Indian Penal Code, as the imputation was made in....
(1) Defamation – ”BJP” is a determinate and identifiable body and complaint for defamation under Section 500 IPC is maintainable.(2) Defamation – Right of a person against whom offence of defamation ....
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....
A defamation claim requires clear evidence that the statement harmed the complainant's reputation in the eyes of others, which was not established in this case.
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