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2025 Supreme(Guj) 1965

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
Jiteshbhai Maganbhai Ukani – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Appellant :MR ANSHIN DESAI, SR. ADVOCATE with MR.NANDISH H THACKAR(7008)
For the Respondent: MS DHARA SHAH for MR SHIVANG M SHAH(5916) MR SOHAM JOSHI, ADDL. PUBLIC PROSECUTOR

Table of Content
1. petition filed under crpc section 482. (Para 1)
2. outline of the complainant's admission and subsequent events. (Para 2)
3. petitioners' arguments regarding defamation and truth. (Para 3)
4. respondent's defense highlighting complainant's actions. (Para 4 , 5)
5. court observation on law of defamation. (Para 6 , 7 , 8 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 19)
6. applicability of ipc exceptions in defamation. (Para 18 , 20 , 21 , 22)
7. court's final decision to quash proceedings. (Para 23)

JUDGMENT :

J. C. DOSHI, J.

1. It is a petition filed under section 482 of the Code of Criminal Procedure, 1973 (in short “the Code”), whereby the petitioners having been arraigned as accused in Criminal Case No.152 of 2017 challenges issuance of process by the learned CJM, Rajkot for the offences punishable u/s 500 of the IPC .

2. The fact which outlined the dispute between the parties and leading to filing up the present petition, are as under:-

2.1 The complainant got admission of his son in the school of the petitioners in June-2015 by paying six months fee of the first semester by cheque.

2.2 That on 08/08/2015, the complainant was called by the school and told to deposit the advance c

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