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SUBODH ABHYANKAR
Air Marshal Harish Masand – Appellant
Versus
State of M. P. – Respondent
ORDER
1. Heard finally, with the consent of the parties.
2. This petition under section 482 of Cr.P.C. has been filed by the petitioner against the order dated 5.2.2024, passed by the II Additional Sessions Judge, Dr. Ambedkar Nagar, Indore affirming the order passed by the Judicial Magistrate, Dr. Ambedkar Nagar dated 25.9.2023 in case No.RCT 504/2023.
3. In brief, the facts of the case are that the petitioner herein, Air Marshal Harish Masand (retd.) has filed a private complaint alleging defamation by the accused persons, eight in number (Accused No.8 Lieutenant Colonel I.S. Gill (retd.) has died during the proceedings). In the aforesaid case, initially an order was passed by the Trial Court on 17.5.2023 (Annexure- P/7), holding that no prima facie case of defamation is made out against the accused Nos.2 to 5 and 7. The aforesaid order of JMFC was challenged in Criminal Revision No.53/2023, which was decided on 31.7.2023, remanding the matter back to the trial Court for deciding the matter afresh, as it was found that the Trial Court has erred in appreciating the documents filed on record. After the matter was remanded back to the trial Court, subsequent order was passed by the Tri
The absence of specific allegations in a defamation complaint and unexplained delays in filing can warrant quashing of proceedings as abuses of process of law.
A defamation claim requires clear evidence that the statement harmed the complainant's reputation in the eyes of others, which was not established in this case.
To establish defamation under IPC, there must be evidence directly linking the accused to the publication and an intention to cause harm, which was lacking in this case.
Filing an FIR does not constitute defamation unless it is shown to harm the complainant's reputation, which must be substantiated by evidence.
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