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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
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 daughter-in- law due to familial discord. An announcement qua the same was also published in a newspaper in the year 2003. However, on 23.08.2014, her son and daughter-in-law got a news article published in the city edition of the petitioner’s newspaper- Dainik Jagran, claiming that respondent No.2 and her husband had broken into their home and stolen cash and some gold items. Since the said new
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 ....
Defamation requires specific allegations and evidence of reputational harm; failure to conduct a mandatory inquiry before issuing summons renders the proceedings invalid.
Practice and Procedure - Sexual harassment at work place -There is no provision in Cr.P.C. to amend criminal complaint, but amendment can be allowed if amendment is sought before taking cognizance pe....
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