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VIVEK BHARTI SHARMA
Kundan Prasad Tiwari – Appellant
Versus
Bhuwan Chandra Pathak – Respondent
JUDGMENT :
VIVEK BHARTI SHARMA, J.
1. Heard.
2. Admit.
3. The present C-482 petition has been filed by the petitioner to quash the order dated 20.02.2016 passed by learned Court of Chief Judicial Magistrate, Bageshwar in Criminal Case No. 190/2015, titled Kundan Prasad Tiwari Vs. Bhuwan Chandra Pathak and another, whereby the learned court dismissed the complaint of the petitioner filed against the respondents for the offences punishable under Sections 499, 500 & 501 of IPC and further to quash the order dated 20.07.2016 passed by the learned Court of Sessions Judge, Bageshwar whereby the learned Court dismissed the Revision No. 08/2016, filed by the petitioner against the order dated 20.02.2016.
4. Brief facts of the case are that the petitioner was appointed as a fourth class employee/driver in the year 2003 during disaster in an emergency management centre at District Headquarter Bageshwar. On 01.10.2013, respondent no. 1, who was also an employee posted as Chief Revenue Accountant, lodged FIR No. 78/2013 against the petitioner and others in Kotwali Bageshwar for the offence under Section 380 of IPC with the allegation that the petitioner was involved in theft of a paper book/file fr
Accusations made in good faith to an authorized person do not constitute defamation under Section 499 IPC.
Filing an FIR does not constitute defamation unless it is shown to harm the complainant's reputation, which must be substantiated by evidence.
The application of judicial mind by the trial court in dismissing a complaint and the withdrawal of a revision petition do not permit the filing of a second complaint on identical facts.
The central legal point established in the judgment is the application of exception 8 to Section 499 of the IPC, emphasizing the need for good faith and lawful authority in making accusations and the....
Publication of true statements related to official proceedings cannot constitute defamation under IPC Section 500.
The accused claiming benefit of the Eighth Exception to section 499 of the IPC must establish 'good faith' as a fact.
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