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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Sanjay Gupta – Appellant
Versus
Prem Kumar – Respondent
| Table of Content |
|---|
| 1. petitioners' defences against defamation claims. (Para 10) |
| 2. high court's power under section 482 of cr.p.c. (Para 11) |
| 3. mens rea requirement for defamation. (Para 12 , 13) |
| 4. freedom of press and its limitations. (Para 14 , 15 , 17) |
| 5. editor’s accountability in newspaper publications. (Para 20 , 21 , 22) |
| 6. partial allowance of the petition and details of order. (Para 27 , 28) |
JUDGMENT
SANJAY DHAR, J.
01. The petitioners, through the medium of the present petition, have challenged the complaint filed by the respondent against them alleging commission of offences under Section 500 RPC which is stated to be pending before the court of learned Judicial Magistrate 1st Class, Samba, (hereinafter referred as ‘trial Magistrate’). Challenge has also been thrown to order dated 24.04.2017 passed by the learned trial Magistrate whereby process has been issued against the petitioners.
02. It appears that a complaint came to be filed by the respondent against the petitioners before the learned trial Magistrate alleging therein that the respondent/complainant is a business man dealing in repairing of computers having his shop at Ramgarh, Samba. It was further alleged that petitione
The publication of defamatory statements without substantiation violates the rights of the affected person, and intention or knowledge regarding reputational harm suffices for establishing defamation....
The court held that a news report published in good faith, including the complainant's version, does not constitute defamation under IPC Sections 499-501.
Defamation requires specific allegations and evidence of reputational harm; failure to conduct a mandatory inquiry before issuing summons renders the proceedings invalid.
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