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G. JAYACHANDRAN
Muthuvelaydha Perumal Appavu @ M. Appavu – Appellant
Versus
R. M. Babu Murugavel, S/o. Mr. D. R. Mannu – Respondent
ORDER :
(G. Jayachandran, J.)
The petitioner herein is the present Speaker of the Tamilnadu State Assembly. He is also the sitting MLA elected from Radhapuram consitutuency as a candidate of DMK party. The respondent is former Member of the State Assembly and present Joint Secretary, Legal Wing of AIADMK party. The speech of the petitioner on 21/11/2023 at Chennai in a book release function is the subject matter of the private complaint for the offence under Sections 499 r/w 500 of IPC filed by the respondent. The Special Court at Chennai for cases against MP and MLA had taken cognizance and issued summons to the petitioner. The complaint is impugned in this petition to quash on the following grounds:-
(a) The complainant has no locus to maintain the compliant for defamation, since the alleged imputation is not against him. Neither his party AIADMK has authorised him to file the complaint on behalf of the party. There is a statutory embargo under Section 199 of Cr.P.C to take cognizance of the offence under Section 499 IPC except upon a complaint made by person aggrieved.
(b) The speech of the petitioner is neither slanderous nor malicious for to be prosecuted under Sections 499 of IP
A defamation complaint must be filed by a person aggrieved, and lack of personal injury precludes standing to sue.
(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 ....
Legal requirement for 'some person aggrieved' is essential in defamation cases; failure to meet this requirement renders proceedings invalid.
The main legal point established in the judgment is the requirement for an imputation to lower the moral or intellectual character of a person to constitute defamation under Section 499 IPC. Addition....
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