further submitted that in yet another defamation case in
C.C.No.1397 of 2017 pending on the file of the XV Metropolitan Magistrate
Court ... whether the allegations in the impugned
complaints support a prima facie case of defamation in the first
place. It is our considered view that there
complaint that will constitute the foundation
for defamation.
10) In a defamation case, the only document containing the accusation
of offences supplied to the accused ... which formulated the basis of the complaint. The complainant of a
defamation case is under legal obligation to state the parts of the news item
CrPC
envisages filing of a complaint in court. In case of
criminal defamation neither can any FIR be filed
nor can any direction be issued ... done in a
casual and mechanical manner, particularly in cases
relating to defamation.
46) In the instant case, the learned Magistrate, while
issuing process against
with a case where a group
of lawyers had filed a defamation case against the actors,
the actress, the director, the producer, the scriptwriter ... defined and indeterminate cannot file a
complaint for defamation. In the present case, the
complainants belong to a community of lawyers-a class, in
itself
facts are accurate and reflect the
public record and hence no defamation case can be made out. Reference
is made to R.Rajagopal vs.State ... while summarizing the principles in para
26(3) held that in the case of member of press/media, it shall be enough
to prove that
action against witness.
Witness stated that he had not filed any case of defamation against Ms. Pallavi Gogoi
and Washington Post.
Witness stated that
fair copy NO
of the judgment ?
4 Whether this case involves a substantial question NO
of law as to the interpretation of the Constitution ... circumstances giving rise to this application
are as under:-
(i) A defamation case under Sections 499 & 500 of the
Indian Penal Code
fair copy NO
of the judgment ?
4 Whether this case involves a substantial question NO
of law as to the interpretation of the Constitution ... circumstances giving rise to this application
are as under:-
(i) A defamation case under Sections 499 & 500 of the
Indian Penal Code
offence of defamation against the petitioner. Defamation
has been defined in Section 499 RPC (which is applicable
to the instant case) whereas Section ... complaint and the material annexed
thereto does not make out a case of defamation against the
petitioner.
32) It has also been contended by learned
facts are accurate and reflect the
public record and hence no defamation case can be made out. Reference
is made to R.Rajagopal vs.State ... while summarizing the principles in para
26(3) held that in the case of member of press/media, it shall be enough
to prove that
