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A. BADHARUDEEN
MALAYALA MANORAMA CO. LTD. – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
1. This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioners, who are accused Nos.1 to 3 in C.C.No. 270/2022 on the files of the Judicial First Class Magistrate Court-1, Aluva and the prayer herein is as under:
2. Heard the learned counsel for the petitioners as well as the learned counsel appearing for the 2nd respondent/complainant in this case. The learned Public prosecutor also was heard. Perused the relevant records.
3. Here, the 2nd respondent/complainant lodged Annexure A1 complaint before the Judicial First Class Magistrate Court-1, Aluva, alleging that, accused Nos.1 to 13 committed offence under Section 499 of the Indian Penal Code (for short, ‘the IPC’ hereinafter) punishable under Section 500 of the IPC. In the complaint, the publication made by Malayala Manorama Daily and other newspapers were detailed. The trial court recorded statement of the complainant and took
The essential ingredients of defamation under IPC Sections 499 and 500 require a clear intention or knowledge that the publication would harm the reputation of the person concerned, which was not est....
The main legal point established in the judgment is the requirement of intention, knowledge, or reason to believe that the imputation would harm the reputation of the person concerned, as essential i....
Section 499 of Indian Penal Code reads defamation.
even in the complaint, there is no averment that other persons read the counter. As such it would not in any way come within the purview of defamation under Section 499 IPC.
Court must prevent unjust legal proceedings; defamation requires intention to harm, not met as the news article was factual.
An individual act of defamation is required to invoke Section 500 of the I.P.C. The publication made by a newspaper bureau, based on public agitation, does not constitute an individual act of defamat....
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