Gauhati High Court Quashes Defamation Case Against Asomiya Pratidin's Chief Editor, Printer And Publisher

The Gauhati High Court quashed criminal defamation proceedings against the Chief Editor and the Printer and Publisher of Asomiya Pratidin, taking note of the complainant's stand that the publication had not spoiled his reputation in society.Justice Shamima Jahan observed, “The first exception to section 499 IPC provides that it will not be defamation to impute anything which is true concerning any person and if it is for the public good then no charges of defamation will be levelled.”The observation came while deciding a petition under Section 482 CrPC filed by Hyder Hussain and another challenging the order passed by the Judicial Magistrate First Class, North Lakhimpur in a criminal case, whereby cognizance had been taken against them under Sections 500, 501 and 34 IPC and summons had been issued.The complaint was filed alleging that two news reports published in Asomiya Pratidin on December 3 and 6, 2010 were defamatory. One report allegedly stated that the complainant had misappropriated money by raising false bills in connection with construction work, while the other referred to allotment of Rs.1 lakh to the PWD subdivision and stated that Rs.45,000 had been given to the complainant for supply of stationary materials and the remaining amount had been distributed amongst officials. Alleging that the reports were false, untrue and baseless, the complainant approached the Magistrate, who took cognizance of the offences.Before the High Court, the petitioners contended that the publication did not cast any aspersion on the complainant's reputation and that no offence under Section 499 IPC was made out. They also submitted that the report highlighted illegalities committed by the Executive Engineer and that the publication was protected by the first exception to Section 499 IPC as it had been made in good faith for public good. The complainant, however, submitted before the High Court that whatever money had been received by him was used for supplying goods to the office and, importantly, that he had no grievance against the petitioners as the same did not spoil his reputation in the society.The High Court referred to Section 499 IPC and the first exception thereto, and also noted, “It is in the submission of respondent's counsel that there is no allegation that he has misappropriated the sum of money in the said news items. Further, it is provided under section 320 of the Cr.P.C. that defamation except in cases specified under section 500 IPC can be compounded by the person defamed. It is also provided that in High Courts or the Court of Sessions acting in exercise of his powers of revision under section 401 Cr.P.C. can allow any person to compound any offence.”Accepting the submissions, particularly those made on behalf of the complainant, the Court held, “In view of the submissions made by the learned Senior counsel for the petitioners and more specifically by the learned counsel for the complainant, this Court finds it fit to set aside the order dated 22.12.2010 passed by the learned Judicial Magistrate 1st Class, North Lakhimpur, Lakhimpur in CR case No. 209/2010 by which cognizance was taken as mentioned above.”The Court further held, “Further on the facts and circumstances, the complaint petition registered as CR case No. 209/2010 also stands quashed by this Court.”The criminal petition was accordingly allowed and disposed of.Case Name: Hyder Hussain & Anr. v. Dhrubajyoti Rava LL Citation: 2026 LiveLaw (Gau) 122Case Number: Crl. Pet. No. 340 of 2012Click Here To Read Judgement

Gauhati High Court Quashes Defamation Case Against Asomiya Pratidin's Chief Editor, Printer And Publisher

Bhavya Singh

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Bhavya Singh

Gauhati High Court Quashes Defamation Case Against Asomiya Pratidin's Chief Editor, Printer And Publisher

Bhavya Singh

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Bhavya Singh

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