JAIDEEP BOSE versus M/S BID AND HAMMER AUCTIONEERS PRIVATE LIMITED

JAIDEEP BOSE versus M/S BID AND HAMMER AUCTIONEERS PRIVATE LIMITED

Summons and criminal proceedings against the appellants were quashed because the complaint contained only broad or general allegations (particularly as to the editorial director) without specific averments showing control over selection of content, and the Magistrate failed to conduct the mandatory inquiry under Section 202 Cr.P.C. before issuing process against persons residing outside its jurisdiction; further, there was no material showing actual damage or intent to defame that would justify continuing the proceedings at this stage.

Parties
Appellant: Jaideep Bose; Respondent: M/s Bid and Hammer Auctioneers Private Limited
Jurisdiction
India
Judgment Date
17 February 2025
Procedural Posture
Criminal Appeal / Judgment on Appeal to the Supreme Court
Outcome
Appeals allowed
Legal Topics
Criminal Defamation, Section 202 Cr.p.c., Press and Registration of Books Act, 1867, Editorial Liability, Freedom of Speech and Expression
Criminal Law Media Law Constitutional Law Procedure (cr Pc) Press Law Criminal Defamation Section 202 Cr.p.c. Press and Registration of Books Act, 1867 +2 more

Case Brief

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Parties

Jaideep Bose

Appellant

M/s Bid and Hammer Auctioneers Private Limited

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal to the Supreme Court

Legal Issues

  1. 1 Whether the High Court was justified in dismissing petitions challenging initiation of criminal proceedings under sections 499 and 500 IPC
  2. 2 Whether an editorial director (not named as editor in the print line) can be summarily proceeded against absent specific allegations as to control of selection of content
  3. 3 Whether the Magistrate was obliged to conduct an inquiry under section 202 Cr.P.C. before issuing process against accused residing outside the Magistrate's jurisdiction

Ratio Decidendi

Summons and criminal proceedings against the appellants were quashed because the complaint contained only broad or general allegations (particularly as to the editorial director) without specific averments showing control over selection of content, and the Magistrate failed to conduct the mandatory inquiry under Section 202 Cr.P.C. before issuing process against persons residing outside its jurisdiction; further, there was no material showing actual damage or intent to defame that would justify continuing the proceedings at this stage.

Court Disposition

Appeals allowed

Orders

  • Impugned order of the High Court dated 18.06.2024 quashed insofar as the appellants are concerned
  • Summoning orders passed by the Magistrate and the criminal complaint (PCR No.13146/2014 registered as CC No.18491 of 2016) quashed insofar as the appellants are concerned