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SHARAD KUMAR SHARMA
Bhuwan Singh Waldia – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
SHARAD KUMAR SHARMA, J.
1. The applicants to the C-482 Application, have put a challenge to the impugned summoning order dated 08.06.2018, as it has been rendered in a proceedings of Criminal Complaint Case No. 883 of 2015, Km. Kamla Bisht vs. Bhuwan Singh Waldia and Others whereby the present applicants have been summoned to be tried for commission of offence under Section 500 of the I.P.C. The challenge has also been given to the revisional court’s judgment dated 11.02.2021, as it was passed by the learned Session Judge, Pithoragarh in Criminal Revision No. 14 of 2018, Bhuwan Singh Waldia and Others vs. State and Another.
2. The learned counsel for the applicants has submitted, that no offence under Section 500 of I.P.C. could be made out against the present applicant son the basis of the publication made on 30.07.2015, because the said communication made by way of a publication will not be an offence which could be termed as to be a defamatory publication as per Section 499 of the Indian Penal Code.
3. He further submits that the allegations levelled pertaining to the alleged published defamatory remarks is absolutely not sustainable because there was no conclusive eviden
An individual act of defamation is required to invoke Section 500 of the I.P.C. The publication made by a newspaper bureau, based on public agitation, does not constitute an individual act of defamat....
even in the complaint, there is no averment that other persons read the counter. As such it would not in any way come within the purview of defamation under Section 499 IPC.
The right to enjoyment of a private reputation unassailed by malicious slander is of ancient origin and is necessary to human society. A good reputation is an element of personal security and is prot....
Court must prevent unjust legal proceedings; defamation requires intention to harm, not met as the news article was factual.
The court established that for a defamation claim under IPC Sections 499 and 500, the publication must lower the reputation of the complainant, and the truth of the statements must be proven in their....
The main legal point established in the judgment is the requirement of intention, knowledge, or reason to believe that the imputation would harm the reputation of the person concerned, as essential i....
The essential ingredients of defamation under IPC Sections 499 and 500 require a clear intention or knowledge that the publication would harm the reputation of the person concerned, which was not est....
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