Case Details Kishore Balkrishna Nand vs State of Maharashtra & Anr.

Court

Supreme Court of India

Date

2 August 2023

Case No.

Criminal Appeal No. 2291 of 2011

Result

Allowed

Bench

J.B. Pardiwala, Manoj Misra

Citation

[2023] 11 S.C.R. 34 : 2023 INSC 675

Issue for consideration

Whether the allegations made in the complaint in the good faith addressed to the lawful authority-Sub Divisional Magistrate, make out an offence of defamation under Section 500 IPC or not. Penal Code, 1860 – s.499, eighth exception, s. 500 – Accusation preferred in good faith – When not defamation:

Headnote

Held : Accusation in the complaint preferred in good faith against any person, to a person in lawful authority with regard to the subject-matter of accusation, is not a defamation – By perusing the allegations made in the complaint, no case for defamation made out – Impugned order passed by the High Court set aside – Original order passed by the Magistrate issuing summons, quashed and set aside. [Paras 16 and 17]

OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

JUDGMENT / ORDER OF THE SUPREME COURT ORDER 1. The respondent No.2 (original complainant) although served with the notice issued by this Court, yet has chosen not to remain present before this Court, either in-person or through an advocate, and oppose this appeal. 2. This is an appeal at the instance of the original accused summoned for the offence of defamation punishable under Section 500 of the Indian Penal Code (for short, “the IPC”) and is directed against the order passed by the High Court of Judicature at Bombay, Nagpur Bench, dated 03.02.2010 in Criminal Writ Petition No.676 of 2009

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