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SANJAY KUMAR DWIVEDI
Rahul Gandhi, S/o late Rajiv Gandhi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Kaushik Sarkhel, the learned counsel appearing on behalf of the petitioner, Mr. Anil Kumar Sinha, the learned Senior counsel appearing on behalf of the O.P.No.2 and Mr. Saket Kumar, the learned counsel appearing for the respondent State. This petition has been filed for quashing the entire criminal proceeding including the order taking cognizance dated 07.06.2019 passed in connection with Complaint Case No.1993 of 2019 whereby cognizance under section 500 of the I.P.C has been taken and pending in the court of learned Judicial Magistrate, 1st Class, Ranchi.
The complaint case was filed by the O.P.No.2 alleging therein that:
That the great grandfather of the complainant Seth Bhimraj Modi migrated to the town of Ranchi from Mandawa in Rajasthan in the year 1868 and established a business empire in the field of textile, banking, money lending etc. His younger brother, Bhuramal Modi also joined him in Ranchi and they established firm “Bhimraj Bhuramal”. Today in Ranchi there are more than 80 families of both brothers besides in other parts of
(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 ....
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.
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