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Supreme Court of India 2023-08-02 allowed

KISHORE BALKRISHNA NAND vs STATE OF MAHARASHTRA & ANR

Bench: 2 — J.B. Pardiwala, Manoj Misra

In Brief

The appellant lodged a written complaint with the Sub-Divisional Magistrate alleging that the respondent had encroached on land and set up a shop creating nuisance. The respondent then filed a defamation complaint in Magistrate's Court based on the appellant's allegations. The Supreme Court held that no defamation offence was made out. The allegations were made in good faith to an authority with lawful jurisdiction over the matter, and fell within Exception 8 to Section 499 IPC, which protects good-faith accusations made to authorized persons. The Court quashed the summons and terminated the criminal proceedings.

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Criminal Law Defamation Indian Penal Code Criminal Procedure

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