The respondent-complainant filed the subject complaint in the Court of Judicial Magistrate First Class, Hoshangabad alleging that the appellant had allowed the said news article to be published in his newspaper without ascertaining the true facts and that such publication brought down the reputation of the respondent-complainant in the eyes of the public at large and thus, the accused appellant was liable to be prosecuted for criminal defamation punishable under Section 500 of the Indian Penal Code, 1860. The learned Magistrate, after considering the averments made in the complaint and the statement of witnesses examined under Sections 200 and 202 of Code of Criminal Procedure, 1973(hereinafter being referred to as ‘CrPC’) rejected the same vide order dated 12 June, 2017. The learned Magistrate in its order referred to the Fundamental Right of Freedom of Speech and Expression enshrined under Article 19(1)(a) of the Constitution of India and held that the publication in question did not warrant prosecution of the accused Criminal Appeal @ SLP(Crl.) No(s). Resultantly, the order dated 15 October, 2018 passed by the learned Additional Sessions Judge as well as the order dated 29 January, 2020 passed by the High Court are quashed and set aside.
Also Read: https://newslaw.in/case-type/criminal/quashing-of-proceedings-in-criminal-case-no-542-of-2020/
Case Title: SANJAY UPADHYA Vs. ANAND DUBEY (2024 INSC 66)
Case Number: Crl.A. No.-000486-000486 / 2024
