Criminal Procedure Code, 1973, Section 199(2), Indian Penal Code, 1860, Section 499, 500 -- Prosecution for defamation - Alleged defamatory statements have no reasonable nexus with discharge of public duties by or office of Hon'ble Chief Minister - Remedy u/s 199(2) Cr.P.C and S.199(4) Cr.P.C thus, not available - More so, Public Prosecutor admitted that he filed the..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Order rejecting complaint - Prosecution of Presiding officer - Letter which forms basis of complaint contains substantially correct facts and presiding officer in good faith has communicated same to concerned authority, which comes within the purview of exception to S.499 IPC - Said letter cannot be termed as..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - However, both the cases are different in nature - Both civil suit and criminal proceedings can continue simultaneously - Accused cannot get the..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - In case a decree for damages is passed in civil suit then it does not stand in the way for pursing criminal proceedings for defamation...........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - Both the cases are different in nature - Pendency of both the cases does not amount to double jeopardy...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Complaint to police as a consequence thereof police questioned the applicant - This act does not fall within the ambit of S.500 IPC - Applicant not able to establish as to in what manner, filing of complaint by respondent has harmed his reputation - No case of defamation made out - Complaint rightly dismissed...........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of proceedings - Proceedings cannot be quashed on the ground that alleged act of accused falls within exception to S.499 IPC without there being any evidence on record...........
Criminal Procedure Code, 1973, Section 205, Indian Penal Code, 1860, Section 499, 500 -- Defamation - Exemption from personal appearance - At the time when offence was committed accused was posted at place `V' in Andhra Pradesh and he was subsequently transferred to Maharashtra - Presence of accused on every date of hearing be not insisted unless his presence is required..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 499, 500 -- Public servant - Sanction for prosecution - Act of defamation does not come within purview of official duty and therefore, sanction for prosecution u/s 197 Cr.P.C. is not required...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Magistrate in a private complaint against SHO and other police officials called for status report - SHO filed status report which was alleged to be scandalous and defamatory - Complaint filed for offence u/ss 499/500 IPC - No prima facie case to show that reputation of complainant was harmed due to contents of..........
