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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
Digvijay Singh – Appellant
Versus
S.A.Hussain Anwar – Respondent
ORDER :
(K. LAKSHMAN, J.)
Heard Sri M.Pavan Kashyap, learned counsel representing Sri Venkat Reddy Kodumuri, learned counsel for the petitioner, Sri M.A.K.Mukheed, learned counsel appearing for respondent No.1 and Mrs. Shalini Saxena, learned counsel representing learned Public Prosecutor, appearing for respondent No.2. Perused the record.
2. This Criminal Petition is filed under Section 482 of Cr.P.C to quash the proceedings against the petitioner herein in C.C.No.134 of 2022 on the file of the Special Judicial Magistrate of First Class for Excise, Hyderabad.
3. Petitioner herein is accused No.1. The offences alleged against him are under Sections 500 and 501 read with 34 of IPC.
4. Perusal of record would reveal that respondent No.1 has filed a complaint under Section 200 Cr.P.C. before learned Magistrate alleging that the petitioner herein - accused No.1 addressed a press conference at Hyderabad on 12.04.2016 stating that “Asaduddin Owaisi (President of Majlis and AIMIM) shall only contest the Places in Election where financial benefit lies”. The same are defamatory in nature to defame the political party i.e., AIMIM. Respondent No.1 is the Joint Secretary of the said party. Therefor
Only an aggrieved party or an authorized representative can file a defamation complaint under Section 200 Cr.P.C., and lack of authorization invalidates the complaint.
(1) Defamation – ”BJP” is a determinate and identifiable body and complaint for defamation under Section 500 IPC is maintainable.(2) Defamation – Right of a person against whom offence of defamation ....
Legal requirement for 'some person aggrieved' is essential in defamation cases; failure to meet this requirement renders proceedings invalid.
A defamation complaint must be filed by a person aggrieved, and lack of personal injury precludes standing to sue.
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