RAJU versus STATE OF HARYANA

The High Court erred in quashing the criminal proceedings for defamation under Section 482 CrPC since the complaint and sworn statement constituted a prima facie case under Section 500 IPC, and questions of good faith or exceptions are to be determined at trial.

Parties: Appellant: M.N. Damani; Respondent: S.K. Sinha and Ors.
Jurisdiction: India
Judgment Date: 02 May 2001
Procedural Posture: Criminal Appeal / Appeal Against High Court Order Quashing Proceedings Under Section 500 IPC
Outcome: Appeal allowed; impugned order of High Court set aside; Magistrate's order restored.
Legal Topics: Defamation, Quashing of Proceedings Under Section 482 Cr PC, Limitation, Section 500 IPC

Criminal Law Defamation Quashing of Proceedings Under Section 482 Cr PC Limitation Section 500 IPC

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 12 Party arguments 2

Parties

M.N. Damani

Appellant

S.K. Sinha and Ors.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Quashing Proceedings Under Section 500 IPC

Legal Issues

1 Whether High Court was justified in quashing criminal proceedings for defamation under Section 500 IPC under Section 482 CrPC
2 Whether a prima facie case for defamation is made out based on the complaint and sworn statement
3 Whether the plea of limitation can be raised for the first time before the Supreme Court

Ratio Decidendi

Court Disposition

Appeal allowed; impugned order of High Court set aside; Magistrate's order restored.

Orders

High Court's order quashing proceedings is set aside.
Order of Magistrate summoning Respondents is restored.