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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Babulal Marandi – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petition to quash fir alleging defamatory statement. (Para 2 , 3 , 4 , 5) |
| 2. fir invalid for defamation; requires aggrieved complaint. (Para 6 , 7 , 8) |
| 3. no mens rea or enmity promotion under section 153a. (Para 9 , 10) |
| 4. no offences made out; quashing opposed. (Para 11 , 12 , 13) |
| 5. section 199 crpc bars fir for section 500 ipc. (Para 14 , 15) |
| 6. statement insufficient to cause group disharmony. (Para 16 , 17) |
| 7. no intentional insult provoking public peace breach. (Para 18 , 19) |
| 8. statement fails section 505 incitement ingredients. (Para 20 , 21) |
| 9. proceedings quashed as abuse of process. (Para 22 , 23 , 24) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. Though, notice has validly been served upon the opposite party no.2 yet no one turns up on behalf of the opposite party no.2 in spite of repeated calls.
3. 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 Ramgarh P.S. Case No.196 of 2023 registered for the offences punishable under Sections 153-A, 500, 504 & 505 of the Indian Pe
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....
An FIR for defamation under IPC Section 500 is not maintainable unless filed by the aggrieved party, as clarified by pertinent Supreme Court rulings.
The court emphasized the importance of freedom of the press and the need to exercise inherent powers to prevent abuse of process of law.
FIR quashed - Through Facebook ID, posted objectionable material - Religious sentiments - Petitioner has shared post of other person, even, contents of FIR does not, prima facie, establish alleged of....
Mens rea is essential for establishing culpability under defamation and public mischief in IPC; allegations lacking necessary intent do not justify prosecution.
Proceedings quashed under CrPC Section 482 as allegations failed to disclose essential ingredients of IPC Sections 323, 341, 504 - no bodily pain, no wrongful restraint, no provocative insult - even ....
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