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Showing contexts for: SUBRAMANIAN SWAMY in Smti. Patricia Mukhim vs . State Of Meghalaya & 4 Ors. on 10 November, 2020Matching Fragments
10. Mr. Paul has submitted that in cases of defamation under Section 499 and 500 IPC, the procedure is for the complainant to file a complaint under Section 200 Cr.P.C for which a Magistrate taking cognizance of an offence on complaint will initiate the process by firstly, recording the statement of the complainant. It is not contemplated that the police will register the complaint and treat the matter as a police case. The case of Subramanian Swamy v. Union of India, Ministry of Law & Ors: (2016) 7 SCC 221 was cited in this regard and the specific paragraph at 207 was stressed upon by the learned counsel for the petitioner.
15. It is also submitted that the petitioner has laid the blame on the Dorbar Shnong (Respondent No. 3) by ridiculing them that they did nothing about the said incident has thus incriminated the Dorbar Shnong by insinuating that it is in connivance with the criminals which has lowered the long standing reputation and dignity of the Dorbar Shnong and this has accordingly attracted the offence of defamation for which the filing of the complaint is justified. To this extent, the case of Subramanian Swamy (supra) at paragraph 98 and 144 was cited by the learned counsel in support of her case.