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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
HON'BLE MR. JUSTICE BUDI HABUNG
Shri. Tangmong S/O Pachi And Ors. – Petitioners
Versus
The State Of Nagaland And Anr Represented By The Public Prosecutor And Ors. – Respondents
Crl. Pet./6/2023
Decided On : 02-08-2024
CRIMINAL PROCEDURE - QUASHING OF CRIMINAL PROCEEDINGS - CrPC Section 482, IPC Sections 34, 109, 117, 120-B, 500 - The court discussed the application of Section 482 of the CrPC, which allows for quashing of criminal proceedings to prevent abuse of the process of law. The court emphasized that for a defamation claim under Section 499 of the IPC, there must be clear intent to harm the reputation of the complainant, which was not established in this case. The court also highlighted the importance of freedom of speech and expression as a fundamental right, indicating that the petitioners' statements were made in good faith based on RTI information. The court concluded that the criminal complaint lacked the necessary elements to proceed, but ultimately decided not to quash the proceedings, leaving the matter for the trial court to determine.
Fact of the Case:
The petitioners, aggrieved by the appointment of Assistant Professors at the State College of Teachers Education without proper qualifications, filed a writ petition challenging these appointments. The complainant, one of the appointed individuals, filed a criminal complaint against the petitioners for defamation based on statements made in the writ petition. The petitioners sought to quash the criminal proceedings, arguing that their statements were made in good faith and lacked the intent to defame.
Finding of the Court:
The court found that the allegations made in the writ petition were based on RTI information and did not constitute defamation as there was no prima facie evidence of intent to harm the complainant's reputation. However, the court determined that the matter involved factual questions that should be resolved by the trial court.
Issues: Whether the statements made in the writ petition constituted defamation under IPC Sections 499 and 500, and whether the criminal complaint should be quashed under Section 482 of the CrPC.
Ratio Decidendi: The court reiterated that for a defamation claim to succeed, there must be clear intent to harm the reputation of the complainant, which was not established in this case. The court also emphasized the protection of freedom of speech and expression, particularly in the context of public employment and accountability.
Final Decision: The petition to quash the criminal complaint was dismissed, allowing the trial court to proceed with the case.
JUDGMENT :
HON'BLE MR. JUSTICE BUDI HABUNG
Heard Mr. Toshi O. Longkumer, learned counsel for the petitioners. I have also heard Mr. V. Zhimomi, learned PP for the respondent No. 1 and Mr. L. Iralu, learned counsel for the respondent No. 2.
2. This is an application under section 482 of the Code of Criminal Procedure, 1973 praying for quashing of the Criminal Proceedings in Criminal Complaint Case No. 1/2023 pending before the Court of JMFC, Kohima, Nagaland.
3. The case of the petitioners, 14 in numbers, in brief is that being aggrieved by the appointment of Assistant Professors on contract basis at State College of Teachers Education (SCTE), Kohima without qualification sine advertisement, the petitioners along with 20 others filed the writ petition before this Court being registered as WP(C)/340/2022 assailing the appointment of the present respondent No. 2/complainant along with 30 others arraying them as private respondent Nos. 4 to 34 on the ground that they were all appointed without having requisite qualification sine advertisement. The said writ petition is still pending before this Court.
4. Being aggrieved by the contention made in the writ petition being WP(C)/340/2022, the complainant/ respondent No.2 herein filed the criminal complaint case against the petitioners before the learned Court of Judicial Magistrate First Class, Kohima.
5. The learned counsel for the petitioners submits that the present criminal petition has arisen out of the criminal complaint case filed by the respondent no. 2 before the JMFC, Kohima alleging that the present petitioners by their pleadings in the writ petition pending before this Court in WP(C) No. 340/2022 has maliciously and with clear intention defamed her. The relevant sections of the Indian Penal Code basing of which the complaint has been filed are Sections 34, 109, 117, 120-B and 500 of the Indian Penal Code.
6. The learned counsel for the petitioners submitted that the subject matter in WP(C) 340/2022 is that the petitioners have challenged the action of the State respondents in appointing the respondent No. 2 and 30 (thirty) others who were allegedly appointed without qualifications and without advertisement as Assistant Professors in various Government Colleges across Nagaland. This was filed on the basis of an RTI Information dated 16.11.22 furnished by the Department of Higher Education, Nagaland and relevant Service Rules and University Grant Commission Guidelines (UGC), 2010. The complainant/ respondent No. 2 appears at Sl. No. 143 of the said RTI reply wherein her qualification is reflected as M.A. with NET whereas as per the relevant Rules and UGC guidelines a candidate to be appointed as Assistant Professors in the State College of Teachers Education (SCTE) must have M.Ed or M.A in Education with B.Ed whichever is applicable.
7. The learned counsel for the petitioners further submits that when the matter was thus situated, without even making appearance in person or through counsel in the said Writ Petition, the Complainant/ respondent No. 2 herein has filed the Criminal Complaint case which is numbered as Criminal Complaint case No. 01/2023 before the learned Judicial Magistrate First Class, Kohima and in pursuant to it, without prima facie satisfaction of any offence summon order dated 28th April, 2023 were issued to the petitioners.
8. It is further submitted that the instant criminal Petition was filed by the petitioners with a prayer to quash and set aside the Criminal Complaint case No. 1/2023 and by an order dated 01.06.2023 this Hon’ble Court was pleased to stay the criminal proceedings. While the instant criminal petition was still pending for adjudication before this Hon’ble Court, the petitioners in WP(C)/340/2022 prayed for striking off the name of the complainant/ respondent no. 2 herein from the array of the respondents stating inter alia that the respondent No. 2 possesses the requisite qualifications including NET and accordingly, by an order dated 08.
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