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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Mahender Mohan Gupta – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. overview of the case and factual background. (Para 1 , 2 , 3) |
| 2. arguments presented by both parties. (Para 4 , 5) |
| 3. court's analysis of the ipc provisions. (Para 6 , 7 , 8) |
| 4. interpretation of exceptions in defamation law. (Para 9 , 10) |
| 5. judicial standards for summoning in criminal cases. (Para 11 , 12) |
| 6. final decision to quash the summoning order. (Para 13 , 14 , 15) |
JUDGMENT :
HARPREET SINGH BRAR, J.
1. This common order shall dispose of both the abovementioned petitions as they arise from identical factual matrix. However, for the sake of brevity, the facts are taken from CRM-M-9219-2017.
2. The present petition is preferred under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) seeking quashing of summoning order dated 25.08.2015 (Annexure P-2) passed learned Chief Judicial Magistrate, Sirsa, as well as the order dated 08.02.2017 (Annexure P-4) passed by the learned Additional Sessions Judge, Sirsa whereby the revision petition preferred against the summoning order dated 25.08.2015 (Annexure P-2) was dismissed.
3. Briefly, the facts, as alleged, are that respondent No.2- complainant and her husband had disowned their son and daughte
Court must prevent unjust legal proceedings; defamation requires intention to harm, not met as the news article was factual.
The court held that a news report published in good faith, including the complainant's version, does not constitute defamation under IPC Sections 499-501.
A lack of governmental consent under Section 196(2) Cr.P.C. does not bar prosecution for defamation offences, emphasizing the media's role in reporting on public matters.
The publication of defamatory statements without substantiation violates the rights of the affected person, and intention or knowledge regarding reputational harm suffices for establishing defamation....
Publication of defamatory article in News Magazine – In a given case, if facts so justify, benefit of an exception to Section 499 of IPC has been extended and it is not taken to be a rigid principle ....
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