Tue. Feb 27th, 2024

The Supreme Court has quashed a prison criticism of defamation filed by a lawyer towards the proprietor of a newspaper for publishing an alleged defamatory article with title “Advocate ne pan masala vyavasayi par karaya jhuta mamla darj (Advocate gets false case filed against pan masala seller)”.

The choice was delivered by a bench of Justices BR Gavai and Sandeep Mehta on a particular go away petition filed by an proprietor of the Madhya-Pradesh primarily based newspaper ‘Sunday Blast’ difficult an order handed by the MP High Court.

Initially, a Justice of the Peace court docket in Hoshangabad had refused to provoke prison prosecution for defamation towards the registered proprietor of the newspaper for publishing the information article in 2013.

However, the order of the judicial Justice of the Peace was reversed by the Additional Session Judge in 2018 and the reversal was upheld by the excessive court docket in its impugned order.

The complainant advocate alleged that the proprietor Sanjay Upadhya had allowed the mentioned information article to be printed in his newspaper with out ascertaining the true info and that such publication introduced down his status within the eyes of the general public at massive.

After going via the orders handed by the courts beneath in addition to the excessive court docket, the apex court docket mentioned that the rejection of criticism for prison prosecution by Justice of the Peace court docket was a “well-reasoned order”.

The Supreme Court mentioned: “We are also of the view 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.”

Allowing the enchantment, the highest court docket mentioned that the view taken by the Justice of the Peace can’t be termed to be unlawful or unjustified warranting interference by the High Court in train of the revisional jurisdiction.

“As a consequence, all proceedings sought to be taken against the accused appellant in pursuance of the complaint filed by the respondent-complainant under Section 500 of the Indian Penal Code, 1860 are also quashed, ” it added.

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