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HIGH COURT OF JAMMU AND KASHMIR
MANJU BHAT – Appellant
Versus
AMIT WANCHOO – Respondent
JUDGMENT :
1) The petitioner has challenged complaint filed by respondent against her alleging commission of offences under Section 406, 500, 501, 506, 326/511 and 109 RPC pending before the Court of Judicial Magistrate 1st Class (1st Additional Munsiff), Srinagar (hereinafter referred to as “the learned trial Magistrate”). Challenge has also been thrown to order dated 26.03.2019 passed by the learned trial Magistrate whereby the process has been issued against the petitioner.
2) It appears that the respondent has filed a complaint against the petitioner before the learned trial Magistrate alleging commission of offences under Section 406, 500, 501, 506, 326/511 and 109 RPC. In the complaint it is alleged that the petitioner is legally wedded wife of the respondent and that their marriage had taken place on 27th November, 2016. Out of this wedlock, a child was born in October, 2017. According to the respondent/complainant, after some time a marital discord arose between the parties and the petitioner left the company of the respondent/complainant and went to Pune to reside with her parents. It has been alleged in the complaint that the petitioner has been attacking the reputation of
A Magistrate must conduct an enquiry under Section 202 before issuing process in defamation cases to ascertain the truth of allegations.
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....
(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....
When a complaint reveals the commission of a cognizable offence, the Magistrate is obligated to send the complaint to the Police Station for registration of the FIR, as per the legal position establi....
Only the Magistrate who has taken cognizance of the offences in terms of Section 200 of the Cr. P.C. is competent to issue process under Section 204.
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