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ROBIN PHUKAN
Mustt. Shahnaz Rasul @ Mansoor, D/o Late Iftekhar Rasul – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Heard Mr. A. Bhattacharya, learned counsel for the petitioner; Mr. B. Sarma, learned Additional Public Prosecutor for the State, respondent No. 1; and Mr. G. Uddin, learned counsel for the respondent No. 2.
2. In this petition, under Section 482 of the Cr.P.C., the petitioner, namely, Mustt. Shahnaz Rasul @ Mansoor has prayed for quashing the order dated 04.05.2019, passed in C.R. Case No. 6996/2018, under Sections 499/500/501 of the IPC, and also the entire proceeding pending before the learned Sub-Divisional Judicial Magistrate No. 1, Kamrup (M) at Guwahati.
3. It is to be noted here that vide impugned order dated 04.05.2019, the learned Sub-Divisional Judicial Magistrate No. 1, Kamrup (M) at Guwahati has taken cognizance of the offences under Sections 499/500/501 IPC, against the petitioner and issued process to her to stand trial in C.R. Case No. 6996/2018.
Background Facts:-
4. The background facts, leading to filing of the present appeal, are adumbrated herein below:-
A magistrate must provide a reasoned order demonstrating a prima facie case before taking cognizance of defamation charges.
The trial Court must conduct a sufficient inquiry under Section 202 before summoning an accused for defamation, ensuring no abuse of process occurs.
A magistrate must apply mind and provide reasoning when taking cognizance of complaints; failure to do so allows for quashing of proceedings to prevent abuse of process.
Sanction for prosecuting a public servant is not required at the initial stage if the alleged offense is not inseparably linked to official duty. Furthermore, a magistrate satisfies the statutory req....
Complaint filed by the respondent No.2 would be barred by Section 300 (1) of the Criminal Procedure Code being successive prosecution as for the very set of allegations, earlier complaint filed by th....
The main legal point established in the judgment is the requirement for an imputation to lower the moral or intellectual character of a person to constitute defamation under Section 499 IPC. Addition....
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