Case Law Details
Kishore Balkrishna Nand Vs State Of Maharashtra & Anr (Supreme Court of India)
Making accusation to relevant lawful authority would not constitute defamation under Section 499 of IPC
Conclusion: In present facts of the case, the Hon’ble Supreme Court observed that it is not a defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with regard to the subject-matter of accusation.
Facts: In present facts of the case, the appeal was made at the instance of the original accused summoned for the offence of defamation punishable under Section 500 of the Indian Penal Code (for short, “the IPC”) and is directed against the order passed by the High Court of Judicature at Bombay, dated 03.02.2010, wherein the High Court rejected the writ petition filed by the appellant and thereby declined to quash the order of issue of process by the Magistrate for the offence of defamation.
The appellant herein lodged a complaint in writing addressed to the Sub- Divisional Magistrate (for short, “the SDM”) stating that the respondent no.2 herein (original complainant) had put up a shop by encroaching upon some land. In the complaint. the appellant is said to have further stated that such shop put up by the complainant was creating nuisance, as many anti-social elements and road romeos had started visiting the said shop and were creating all sorts of problems. The SDM issued notice to the complainant. While the proceedings before the SDM were pending, the complainant lodge a private complaint in the Court of the Judicial Magistrate, for the offence of defamation, to which cognizance was taken by the Magistrate.
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