Criminal Procedure Code, 1973, Section 482 – Penal Code, 1860, Section 500 – Quashing of Complaint – Defamation – 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 appellant for the offence punishable under Section 500 IPC – Held that the news article in question was published in good faith and in exercise of the Fundamental Right of Freedom of Speech and Expression enshrined under Article 19(1)(a) of the Constitution of India – View taken by the learned Magistrate cannot be termed to be illegal or unjustified warranting interference by the High Court in exercise of the revisional jurisdiction – Order passed by the learned Additional Sessions Judge as well as the order passed by the High Court liable to be quashed and set-aside – All proceedings sought to be taken against the accused appellant in pursuance of the complaint filed by the respondent-complainant under Section 500 IPC liable to be quashed. (Para 8 to 11)
SUPREME COURT OF INDIA
2024 STPL(Web) 62 SC
[2024 INSC 66]
Sanjay Upadhya Vs. Anand Dubey
Criminal Appeal No. 486 of 2024 (Arising out of SLP(Crl.) No(s). 3180 of 2020)-Decided on 29-1-2024
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