Supreme Court · 2023 INSC 880 · Decided 5 October 2023
M/S Iveco Magirus Brandschutztechnik Gmbh v. Nirmal Kishore Bhartiya & Anr
- Court
- Supreme Court of India
- Citation
- 2023 INSC 880 · [2023] 13 S.C.R. 220
- Case number
- CRIMINAL APPEAL No. 1959/2012
- Decided
- 5 October 2023
- Bench
- BELA M. TRIVEDI, DIPANKAR DATTA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 499, 500, 107, 34; CrPC Section 482, 200
Headnote
HEADNOTES Issue for consideration: (i) Whether, while considering a private complaint alleging defamation, the Magistrate before summoning the accused ought to confi ne himself to the allegations forming part of the petition only or he may, applying the exceptions to s.499, IPC, dismiss the complaint holding that the facts alleged do not make out a case of defamation? (ii) Whether and, if at all, to what extent, is it open to the High Courts to exercise inherent power saved by s.482, Cr. PC to quash proceedings for defamation by setting
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