Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Kaushik Goswami
Md. Sirajul Islam, S/o Md. Aman Ullah – Appellant
Versus
State of Assam Rep. By Public Prosecutor – Respondent
JUDGMENT :
Heard Mr. B.M. Choudhury, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Addl. Public Prosecutor for the State respondent.None appears for the respondent No. 2 when the matter is called.
2. Pertinent that by Order dated 13.02.2019, this Court deems service to be completed against the respondent No. 2. However, there is no representation on behalf of the respondent No. 2, despite receipt of notice till date.
3. This petition is filed under Section 482 Cr.PC seeking quashing of the Order dated 30.12.2015 passed by the learned Addl. Session Judge, FTC, Nagaon (hereinafter referred to as the ‘Revisional Court’) in C.M No. 13(N)/2015, whereby the Criminal Revision Petiton filed under Section 397/399 of Cr.PC against the Order dated 04.02.2015 passed by the learned SDJM, Sadar, Nagaon (hereinafter referred to as the ‘Magistrate Court’) in C.R. Case No. 1052/2014, whereby the Magistrate Court was pleased to decline issuance of process against the accused person under Section 500 of IPC.
4. The brief facts of the case is that the petitioner, who is a Govt. Servant working as L.D.Assistant in the office of Juria Development Block and Anchalik Panchayat situa
Filing an FIR does not constitute defamation unless it is shown to harm the complainant's reputation, which must be substantiated by evidence.
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....
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....
A defamation claim requires clear evidence that the statement harmed the complainant's reputation in the eyes of others, which was not established in this case.
The main legal point established in the judgment is the requirement to prove that the imputations had lowered the character of the victim in the estimation of others to establish the offence of defam....
Statements made in court do not constitute publication for defamation, and jurisdiction must be established based on where the alleged acts occurred.
(1) Defamation – When pleadings containing defamatory material are relied before court of law, same amounts to publication within meaning of Section 499 of RPC.(2) Where only a direction for issuance....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
