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P. V. KUNHIKRISHNAN
Pooja Anand W/o. Sajeevan – Appellant
Versus
Ashokan. K S/o. Kunhambu – Respondent
ORDER :
This Criminal Miscellaneous Case is filed to quash the proceedings in CC No.116/2019 on the file of Judicial First Class Magistrate Court, Payyannur. It is a prosecution initiated by the 1st respondent against the petitioner alleging offences punishable under Section 500 IPC.
2. The allegation against the petitioner is that, she filed a petition before the Director of the Pariyaram Medical College, where the 1st respondent is working as a Librarian and the contents in the petition are defamatory to the 1st respondent. It is alleged that the averments in the petition and the Police enquiry that followed caused much damage/injury to the complainant. Hence, it is alleged that the petitioner committed the offence under Section 500 IPC. According to the petitioner, even if the entire allegations are accepted, no offence under Section 500 IPC is made out against the petitioner.
3. Heard the learned counsel appearing for the petitioner and the counsel appearing for the 1st respondent. I also heard the learned Public Prosecutor.
4. It is submitted by the petitioner that a complaint was filed against the 1st respondent before Sri. M.V. Jayarajan, who was the Director of Pariyaram Medica
A complaint to lawful authorities alleging misconduct does not constitute defamation under Section 500 IPC if it does not involve publication of defamatory material.
Legal representatives cannot be prosecuted for defamation based on alleged defamatory statements made by the deceased party in the plaint.
To establish defamation under IPC Section 500, the complainant must prove a false statement made with intent to harm reputation, which was not demonstrated in this case.
The court ruled that allegations under Section 500 IPC are not maintainable without a private complaint, and no wrongful restraint or criminal intimidation was established against the petitioner.
A defamation complaint must be filed by the aggrieved party directly, as a Power of Attorney lacks standing under Section 199(1) of the Cr.P.C.
Defamatory publications protected under Section 499 IPC exceptions for public good, good faith, and protection of interests if supported by evidence.
Point of law : Defamation - In case of criminal defamation neither any FIR can be filed nor can any direction be issued under Section 156(3) of Cr.P.C.
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