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KARNATAKA HIGH COURT
M. NAGAPRASANNA, J
SRI SURESH GOWDA – Appellant
Versus
SRI N.CHALUVARAYASWAMY – Respondent
| Table of Content |
|---|
| 1. challenge to c.c.no.11703 for defamation (Para 1 , 2) |
| 2. background of electoral conflict (Para 3 , 7) |
| 3. parties' contentions on defamation (Para 4 , 5) |
| 4. court's analysis on defamation standards (Para 6 , 8) |
| 5. requirements for issuing process against accused (Para 9) |
CAV ORDER
The petitioner is before this Court calling in question proceedings in C.C.No.11703 of 2022 registered for offence punishable under 499 and 500 of the IPC .
2. Heard the learned counsel Sri Bipin Hegde, appearing for petitioner and learned counsel Sri S A Ahmed, appearing for respondent.
3. The stage is set to 2008 Karnataka Legislative Assembly elections, wherein the petitioner and the respondent were opposing each other from their respective parties. The story then gets fast forwarded to the 2018 Karnataka Legislative Assembly elections, again the two are opposing each other. The subject issue revolves round the elections of the year 2023. The respondent is said to have won the assembly seat from Nagamangala constituency and the petitioner lost the elections. During the elections, several statements made by the petitioner against the respondent forms the fulcrum of the lis, which according
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