KISHORE BALKRISHNA NAND versus STATE OF MAHARASHTRA & ANR.

KISHORE BALKRISHNA NAND versus STATE OF MAHARASHTRA & ANR.

Allegations made in good faith in a written complaint to a lawful authority (SDM) fall within the Eighth Exception to Section 499 IPC and do not constitute defamation under Section 500 IPC; consequently, proceedings based on such allegations cannot be sustained and the magistrate's order issuing summons was quashed.

Parties
Appellant/accused: Kishore Balkrishna Nand; Respondent/state: State of Maharashtra; Respondent/complainant: Respondent No.2 (original complainant)
Jurisdiction
India
Judgment Date
02 August 2023
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Dated 03.02.2010
Outcome
Appeal allowed
Legal Topics
Defamation, Section 499 IPC, Section 500 IPC, Eighth Exception to Section 499, Section 52 IPC, Good Faith, Cognizance, Quashing of Criminal Proceedings
Criminal Law Indian Penal Code Defamation Section 499 IPC Section 500 IPC Eighth Exception to Section 499 Section 52 IPC Good Faith +2 more

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Parties

Kishore Balkrishna Nand

Appellant/accused

State of Maharashtra

Respondent/state

Respondent No.2 (original complainant)

Respondent/complainant

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Dated 03.02.2010

Legal Issues

  1. 1 Whether allegations made in a complaint preferred in good faith to a lawful authority (SDM) make out the offence of defamation under Section 500 IPC

Ratio Decidendi

Allegations made in good faith in a written complaint to a lawful authority (SDM) fall within the Eighth Exception to Section 499 IPC and do not constitute defamation under Section 500 IPC; consequently, proceedings based on such allegations cannot be sustained and the magistrate's order issuing summons was quashed.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court order dated 03.02.2010 set aside
  • Order of the Magistrate issuing summons quashed and set aside