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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Babulal Marandi S/o Late Chhotu Marandi – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 2 , 3 , 4) |
| 2. arguments related to the maintainability of fir (Para 5 , 6 , 7 , 8 , 9 , 10 , 12 , 13) |
| 3. court's reasoning on offences and fir necessity (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. abuse of process of law detected (Para 21) |
| 5. conclusion: quashing of the proceedings (Para 22 , 23) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash and set aside the entire criminal proceeding in connection with Kanke P.S. Case No.210 of 2023 registered for the offences punishable under Sections 500, 504 & 505(2) of the Indian Penal Code against the petitioner.
3. The brief fact of the case is that the informant has submitted a written report to the Officer-in-charge of Kanke Police Station alleging therein that the petitioner being the leader of the BJP and the State President of BJP has made a statement that “The entire Family of my Leader are looters”. It is alleged that the said statement was made against the leaders of the informant namely Sibu Soren and Hema
An FIR for defamation under IPC Section 500 is not maintainable unless filed by the aggrieved party, as clarified by pertinent Supreme Court rulings.
FIR impermissible for defamation without aggrieved person's complaint; political statement calling family 'born looters' lacks mens rea for promoting enmity, provocation for breach of peace, or incit....
The court emphasized the importance of freedom of the press and the need to exercise inherent powers to prevent abuse of process of law.
The court established that for offences under Section 188 IPC, a written complaint from the concerned public servant is mandatory, and without it, the FIRs cannot be maintained. Furthermore, the cour....
Defamation, intentional insult, criminal intimidation and insulting gestures – Merely pendency of a civil suit is cannot render a criminal proceeding otiose but it is to be seen whether complaint its....
The essential ingredients of an offense under Section 504 of the Indian Penal Code must be met for the charge to be sustained.
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