G. NARASIMHAN & ORS. ETC. versus T. V. CHOKKAPPA

G. NARASIMHAN & ORS. ETC. versus T. V. CHOKKAPPA

The conference was not an identifiable or definitive body; therefore, the respondent as Chairman of the Reception Committee could not be deemed an 'aggrieved person' under s.198 CrPC. The High Court erred in considering Dravida Kazhagam as the group defamed. Complaints for criminal defamation of a collection of persons are maintainable only where the group is determinate and identifiable. The impugned news item concerned the conference, not the party, and attendees were not all members of Dravida Kazhagam. The respondent’s complaint was not competent.

Parties
Appellant: G. Narasimhan & Ors.; Respondent: T. V. Chokkappa
Jurisdiction
India
Judgment Date
04 September 1972
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment and Order Quashing Proceedings Under Ss. 500 and 501 IPC
Outcome
Appeal allowed; proceedings quashed
Legal Topics
Defamation, Standing to Sue in Criminal Complaints, Identifiable Class or Group Under IPC S.499 Explanation 2, Complaint Under S.198 Cr PC
Criminal Law Defamation Standing to Sue in Criminal Complaints Identifiable Class or Group Under IPC S.499 Explanation 2 Complaint Under S.198 Cr PC

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Parties

G. Narasimhan & Ors.

Appellant

T. V. Chokkappa

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment and Order Quashing Proceedings Under Ss. 500 and 501 IPC

Legal Issues

  1. 1 Whether the respondent was an 'aggrieved person' competent to file a defamation complaint under s.198 of the Code of Criminal Procedure read with s.499 Explanation 2 of the Penal Code
  2. 2 Whether the conference was a determinate and identifiable body so that defamatory words used in relation to the resolution would be defamation of its individual components

Ratio Decidendi

The conference was not an identifiable or definitive body; therefore, the respondent as Chairman of the Reception Committee could not be deemed an 'aggrieved person' under s.198 CrPC. The High Court erred in considering Dravida Kazhagam as the group defamed. Complaints for criminal defamation of a collection of persons are maintainable only where the group is determinate and identifiable. The impugned news item concerned the conference, not the party, and attendees were not all members of Dravida Kazhagam. The respondent’s complaint was not competent.

Court Disposition

Appeal allowed; proceedings quashed

Orders

  • Order of the High Court set aside
  • Proceedings before Magistrate quashed