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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Tv Today Network Limited – Appellant
Versus
State Of Haryana – Respondent
| Table of Content |
|---|
| 1. case background on defamation complaint. (Para 1 , 2) |
| 2. arguments regarding applicability of law. (Para 3 , 4) |
| 3. court analysis of criminal procedure law. (Para 5 , 6 , 7) |
| 4. conclusion dismissing the petition. (Para 8) |
JUDGMENT :
TRIBHUVAN DAHIYA J.
1. The petition has been filed, inter alia, for setting aside; i) order dated 21.12.2022, Annexure P-5, passed by the Judicial Magistrate Ist Class, Gurugram, whereby a direction has been issued to register non-cognizable case against the petitioner, ii) non-cognizable report (for short, ‘NCR’) no.65 of 2022, dated 31.12.2022, registered at Police Station Badshahpur, District Gurugram, qua the petitioner, iii) chargesheet dated 29.05.2024, Annexure P- 2, for commission of offence punishable under Section 500 of the Indian Penal Code (for short, ‘ IPC ’) in case bearing number CHI no.3343 of 2024 titled State v. Google , pending before the Judicial Magistrate.
2. Facts of the case in brief are that regarding a news/story concerning the second respondent a ‘cease and desist notice and to remove/block/disable URL’s and other weblinks pertaining to Gopal Goyal Kumar’, was issued on his behalf by Mr. Vikas Verma, Advocate, t
A Magistrate can direct the registration of a non-cognizable case under Section 155(2) Cr.P.C., and the procedure followed for investigating defamation complaints is valid despite the restrictions of....
Police lack authority to investigate non-cognizable offences without a Magistrate's order, making subsequent FIR registrations invalid and procedural lapses inherently illegal.
Police cannot investigate non-cognizable offences without a Magistrate's order, ensuring judicial oversight in such matters.
In cases of criminal defamation, the magistrate cannot direct the police to register a crime and investigate the offense under Section 500 of the IPC, as established by the judgments of the Apex Cour....
The court emphasized the importance of following the legal provisions for FIR registration and investigation, and highlighted the need to prevent abuse of the process of court and secure the ends of ....
The police must obtain a Magistrate's permission before investigating a non-cognizable offence and registering an FIR based on the same facts, according to the Bharatiya Nyaya Sanhita, 2023.
The court established that the police cannot investigate a non-cognizable case or register an FIR based on the same facts without a Magistrate's permission, as mandated by Section 155(2) of the Cr.P.....
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