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MEENAKSHI MADAN RAI
Mathrubhumi Printing And Publishing Company Limited – Appellant
Versus
Santiago Martin – Respondent
JUDGMENT
Meenakshi Madan Rai, J. - By filing this Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter, 'Cr.P.C.'), the Petitioners seek quashing of the impugned Order dated 02-03-2021 passed by the Learned Judicial Magistrate (First Class), East Sikkim, at Gangtok, in Private Complaint Case No.09 of 2020 (Shri Santiago Martin v. Dr. T. M. Thomas Issac and Others), wherein cognizance was taken of the offences under Sections 499 , 500, 501, 502 and 120B of the INDIAN PENAL CODE , 1860 (hereinafter, 'IPC'), and the impugned Summons, dated 03-03-2021, issued to the Accused Persons/Petitioners herein.
(ii) The Petitioners No.1 to 8 herein were arrayed as Accused Nos.2, 3, 4, 6, 7, 8, 9 and 10 before the Learned Trial Court. The Respondent No.1 herein was the Complainant before the Learned Trial Court. The Respondent No.2 herein was arrayed as Accused No.1 before the Learned Trial Court. The Complainant had arranged one M. P. Veerendra Kumar at Serial Number 5 in the Complaint as one of the accused persons, however he is not before this Court as a Petitioner.
2(i). It is the Petitioners' case that the Respondent No.1 is aggrieved by the alleged defamatory statem
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.
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.
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....
The court clarified that the requirement for prior consent under Section 196(2) of the Cr.P.C. does not apply when the cognizance is taken for offences not punishable with rigorous imprisonment for t....
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....
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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