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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.ILANGOVAN
S.Jameen – Appellant
Versus
M.Ramu – Respondent
| Table of Content |
|---|
| 1. complaints require the actual aggrieved person's submission. (Para 1) |
| 2. factual background of the defamation case. (Para 2 , 3) |
| 3. grounds for seeking quashment of the complaint. (Para 4 , 9) |
| 4. court examines the issue of complaint maintainability. (Para 5 , 6) |
| 5. court's view on maintainability of the complaint. (Para 7 , 11 , 18) |
| 6. legal provisions regarding prosecution for defamation. (Para 10 , 14) |
| 7. power of attorney's inability to file a valid defamation complaint. (Para 19) |
| 8. outcome of the petitions and case quashment. (Para 23) |
ORDER :
G. ILANGOVAN, J.
1. These criminal original petitions have been filed seeking quashment of the case in STC No.2910 of 2023 on the file of the Judicial Magistrate No.VI, Madurai.
2. The facts in brief:-
The respondent herein filed a private complaint with the following averments:-
He owns land in Survey Nos.405/1, 405/2 and 410 of Puliyarai Village, Sangottai Taluk, Tenkasi District. He is in possession of the property. He wanted to put a residential building. Proper permission was obtained. Now the construction is also underway. The first accused, who is the local resident started demanding money illegally. He also started threate
A defamation complaint must be filed by the aggrieved party directly, as a Power of Attorney lacks standing under Section 199(1) of the Cr.P.C.
To establish defamation under IPC, there must be evidence directly linking the accused to the publication and an intention to cause harm, which was lacking in this case.
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....
The main legal point established in the judgment is the requirement to prove that the imputations had lowered the character of the victim in the estimation of others to establish the offence of defam....
The need for evidence to prove good faith and the limitations of absolute privilege in criminal defamation cases.
Defamation – Without going to trial, Court cannot jump into conclusion that there is no defamatory statement made by accused persons or there is no criminal intention or Mens Rea to defame complainan....
Filing an FIR does not constitute defamation unless it is shown to harm the complainant's reputation, which must be substantiated by evidence.
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