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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Rakesh Kaushal – Appellant
Versus
Arvind Goel – Respondent
JUDGMENT :
Sandeep Sharma, J.
Instant criminal appeal filed under Section 378 of the Code of Criminal Procedure lays challenge to judgment dated 10.07.2012 passed by the learned Judicial Magistrate First Class (IV), Shimla, Himachal Pradesh, in case number RBT 72/2 of 2011/03 titled as Rakesh Kaushal Vs. Arvind Goel, whereby complaint, having been filed by the appellant/complainant (hereinafter, ‘complainant’) under Sections 499 and 500 of the IPC, came to be dismissed.
2. Precisely, the grouse of the appellant, as has been highlighted in the appeal and further canvassed by Mr. Divya Raj Singh, learned counsel representing the appellant, is that Court below has fallen in grave error while passing the impugned judgment, because evidence adduced on record by the complainant to prove his case under Sections 499 and 500 of the IPC has not been appreciated in right perspective. He stated that though by way of leading cogent and convincing evidence, complainant successfully proved on record that on account of lodging of complaint at the behest of complainant to Hon’ble Governor and other higher authorities of the Government of Himachal Pradesh as well as publication of news item in newspape
News alleging public servant corruption not defamatory if in good faith for public good, based on withheld information about public funds, with prior civil suit dismissal on same facts attaining fina....
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....
The central legal point established in the judgment is the application of exception 8 to Section 499 of the IPC, emphasizing the need for good faith and lawful authority in making accusations and the....
The requirement of prior sanction under Section 197 CrPC applies only to public servants accused of offences committed while acting or purporting to act in the discharge of their official duties. The....
The right to enjoyment of a private reputation unassailed by malicious slander is of ancient origin and is necessary to human society. A good reputation is an element of personal security and is prot....
(1) Defamation – ”BJP” is a determinate and identifiable body and complaint for defamation under Section 500 IPC is maintainable.(2) Defamation – Right of a person against whom offence of defamation ....
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.
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