JEFFREY J. DIERMEIER AND ANR. versus STATE OF WEST BENGAL & ANR.

JEFFREY J. DIERMEIER AND ANR. versus STATE OF WEST BENGAL & ANR.

The High Court was correct in refusing to quash the complaint under Section 500 IPC, since a prima facie case for defamation exists and questions regarding 'good faith' and 'public good' under the Tenth Exception are matters of evidence not yet recorded.

Parties
Appellant: JEFFREY J. DIERMEIER; Appellant: Indian Association of Investment Professionals; Respondent: State of West Bengal; Respondent: Institute of Chartered Financial Analysts of India (ICFAI)
Jurisdiction
India
Judgment Date
14 May 2010
Procedural Posture
Criminal Appeal / Appeal Against Calcutta High Court Order Dismissing Petition Under Section 482 Cr PC Seeking Quashing of Private Complaint
Outcome
Appeal dismissed
Legal Topics
Defamation, Inherent Powers of High Court, Quashing of Criminal Proceedings
Criminal Law Defamation Inherent Powers of High Court Quashing of Criminal Proceedings

Case Brief

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Parties

JEFFREY J. DIERMEIER

Appellant

Indian Association of Investment Professionals

Appellant

State of West Bengal

Respondent

Institute of Chartered Financial Analysts of India (ICFAI)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Calcutta High Court Order Dismissing Petition Under Section 482 Cr PC Seeking Quashing of Private Complaint

Legal Issues

  1. 1 Whether the allegations projected in the complaint constitute the offence of defamation as defined in Section 499 IPC and attract penal consequences under Section 500 IPC
  2. 2 Whether case made out for quashing the complaint under Section 482 CrPC

Ratio Decidendi

The High Court was correct in refusing to quash the complaint under Section 500 IPC, since a prima facie case for defamation exists and questions regarding 'good faith' and 'public good' under the Tenth Exception are matters of evidence not yet recorded.

Court Disposition

Appeal dismissed

Orders

  • High Court order refusing to quash complaint under Section 500 IPC is affirmed.
  • No expression of final opinion on merits of the complaint.