IMPORTANT POINT
Defamation claims require specific allegations and evidence; vague claims do not warrant criminal proceedings.

JUDGMENT :

Ananya Bandyopadhyay, J.

1. The instant revisional application has been filed by the petitioners praying for quashing of the impugned proceeding of C.R. Case No. 788 of 2009 under Sections 500/120B of the Indian Penal Code pending before the Learned Judicial Magistrate, 3rd Court, Durgapur, District-Burdwan (now Paschim Bardhaman).

2. The petitioner stated that the petitioner no. 1 is aged about 75 years and she is widow mother of the complainant/opposite party no. 2 who has filed this complaint before the Learned Additional Chief Judicial Magistrate, Durgapur by praying to issue process against the instant petitioners.

3. The Learned Advocate for the petitioners submitted as follows:-

i. The said opposite party no. 2 alleged in the petition of complaint that the petitioners made a criminal conspiracy amongst them and started publishing circulating and displaying false, frivolous and defamatory statements and advertisements through the T.V. channels of the authorized dignitary against the opposite party no. 2 and his business intending to harm the reputation of the opposite party no. 2 and in such process by such false, fabricated, defamatory imputation through widely circulated newspapers and local T.V. channels directed lowered down the moral and intellectual character of the opposite party no. 2 and his business in the estimation of the public and customers causing serious harm in the body and mind of the complainant and discredited by pre-meditated conspiracy by the petitioners in making the widow mother, Kanchan Kumari Lodha (petitioner no. 1 herein, the mother of the opposite party no. 2 since deceased) as instrumental in the hands of the petitioner nos. 2 to 4 has practically mislead her and confined her in their custody; That on 10.10.2009 the opposite party no. 2 noticed that the petitioners circulated and exhibited the false and fabricated statements against the opposite party no. 2 and the opposite party no. 2 became mentally depressed and also suffered huge monetary loss by such intended false and libel circulation and propaganda by the petitioner no. 1 and his appointed agents; That on 14.10.2009 and 10.11.2009 the opposite party no. 2 issued notice upon the petitioner nos. 2, 4 and 5 and the T.V. channels respectively through the electronics media.

ii. The petitioner no.1 is the mother of the said opposite party no. 2 and the said petitioner no. 1 expired 30.12.2018. It is a fact that the opposite party no. 2 harassed her mother during her life time and damaged the property of the said petitioners by way of defamatory imputation through widely circulated newspapers and local T.V. channels and in the photographs to lower down the business of the said petitioners whereby the said petitioner No. 1/mother of the said opposite party no. 2 got mental shock and paid agony during her life time which is very much required to interfere into the said matter for the ends of justice.

iii. The petitioner no. 1 is the widow mother (since deceased) and the other petitioners are the brothers of the opposite party no. 2 and since the petitioner no. 1 filed a Title Suit, being Title Suit No. 205 of 2001, which is still pending before the Learned Civil Judge, Junior Division, 1st Court, Durgapur for appropriate relief, the opposite party no. 2 filed the instant case as a counter blast just to grab the entire property of the petitioner no. 1.

iv. There is no ingredient to constitute the offence of defamation under Section 499 of the Indian Penal Code, 1860 in the instant case, inasmuch, as there is no false statement made by the petitioners, nor any harm to the reputation of opposite party no. 2 by any statement of the petitioners, nor any intention on the part of the petitioners to cause harm to the reputation of the opposite party no. 2 by any statement made by them.

v. The genesis of events, especially the factum of the pendency of the Title Suit No. 205 of 2001, which was pending before the Learned Civil Judge, Junior Division,