Murlidhar Anant Singhote through Sachin Kale v. Adaku Bhute & Ors.
Case at a glance
Outcome
Dismissed
Criminal application stands dismissed
Provisions considered
- Indian Penal Code, 1860 ss. 34, 499, 500
Key paragraphs
- Para 44. This Court cannot test the case of the petitioner whether the news item is true. This is not the scope of a proceedings under Section 482 Cri. P .C. The petitioner is free to put his defence at the time of trial under the…
Judgment
Mr. RR Vyas, Advocate for the applicant. Mr. RS Naktode, Advocate for respondents No. 1 to 3. CORAM:- R. Y. GANOO, J. DATED :- 23RD JULY, 2009.
Respondent No. 1 and others have filed complaint case under Section 499 and 500 of the Indian Penal Code in the Court of learned J.M.F.C., Deori being Complaint Case No. 2387 of 2008. The procedural aspect was complied with and on 07/5/2008 process was ordered to be issued under Section 500 r/w Sec. 34 I.P.C. This order dated 07/5/2008 is sought to be quashed by filing this application.
I have heard learned Advocates on both sides. The complaint is based on certain news items published in the newspaper and according to the present applicant, the contents of the said news item are true, and therefore, the said news item does not amount to defamation.
Insofar as this aspect is concerned, law is very clear in as much as a person who reads the new 2307crn4088,08.odt item is not supposed to know whether the said news items is true or false and he is likely to get influenced by the said news. The question whether the news item is true and whether publication of such a news item will cover in any one of the explanation is a matter to be decided at the time of trial.
Operative part
This Court cannot test the case of the petitioner whether the news item is true. This is not the scope of a proceedings under Section 482 Cri. P .C. The petitioner is free to put his defence at the time of trial under the provisions of law. In view of this, no interference is required in the impugned order of process. Hence, the order : Criminal application stands dismissed. Whatever is stated in this order should not be used by the learned J.M.F.C. for deciding the matter on merits. JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Criminal application stands dismissed
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 34, 499, 500.
Which court decided this case, and when?
Bombay High Court, on 23 Jul 2009. The bench was R Y GANOO.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.