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SWARANA KANTA SHARMA
P. C. Sanghi – Appellant
Versus
Sidharth Sanwaria – Respondent
JUDGMENT
Swarana Kanta Sharma, J.
1. By way of the present petition filed under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C'), the petitioner seeks quashing of the impugned order dated 20.07.2009, passed by learned Metropolitan Magistrate, Patiala House Courts, New Delhi arising out of Criminal Complaint No. 4213/1 of 2008, titled as "Siddharth Sanwaria v. P.C. Sanghi", for the offences punishable under Sections 499/500 of the Indian Penal Code, 1860 (`IPC').
2. Briefly stated, it is the case of the complainant/respondent i.e. Sidharth Sanwaria that on 16.07.2008, the petitioner herein had filed a false complaint against him before the Chairman of Bar Council of Punjab and Haryana, Chandigarh causing loss and injury to the reputation of respondent/complainant. Subsequently, the Chairman of Bar Council of Punjab and Haryana had forwarded the complaint to the General House of Bar Counsel for taking necessary action, however, no act of misconduct committed by the respondent/complainant was found. Furthermore, it is alleged that on 22.11.2008, the petitioner had made a phone call to one Sh. Ashwani Aggarwal i.e. CW-2, a resident of New Delhi, to help and assist him in
The main legal point established in the judgment is that the jurisdiction for trying cases of defamation is determined based on the place where the offense occurred, as per the provisions of the CrPC....
Statements made in court do not constitute publication for defamation, and jurisdiction must be established based on where the alleged acts occurred.
(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....
Publication of true statements related to official proceedings cannot constitute defamation under IPC Section 500.
The trial Court must conduct a sufficient inquiry under Section 202 before summoning an accused for defamation, ensuring no abuse of process occurs.
The judgment establishes the importance of specific averments in a complaint, compliance with the mandatory provisions of Cr.P.C., and the necessity of conducting an inquiry before issuing process.
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