2013 (8) TMI 1181 - HC - Indian Laws

Summary

Issues Involved:
1. Quashing of proceedings u/s 482 CrPC.
2. Allegations of defamation u/s 500 IPC.
3. Territorial jurisdiction and compliance with Section 202 CrPC.
4. Mens rea in defamation cases.

Summary:

Issue 1: Quashing of Proceedings u/s 482 CrPC
An application was lodged u/s 482 CrPC for quashing the proceedings of case No. C-1284/2008 u/s 500 IPC pending before the Court of learned JM, 9th Court, Alipore. The petitioner argued that the proceedings were based on false allegations and should be quashed.

Issue 2: Allegations of Defamation u/s 500 IPC
The opposite party No. 2, an IPS officer, alleged that defamatory statements were made against him by the petitioners in various letters to high-ranking officials, including the Hon'ble Chief Minister, W.B. The statements accused him of misappropriating funds and abusing his position. The petitioners contended that these statements were made to protect their interests and were covered under Exceptions 8 and 9 to Section 499 IPC, thus not constituting defamation.

Issue 3: Territorial Jurisdiction and Compliance with Section 202 CrPC
The petitioners argued that the learned Magistrate did not comply with the mandatory provisions of Section 202 CrPC before issuing process, as the accused resided outside the jurisdiction of the Court. The Court found that the Magistrate failed to conduct the required inquiry, rendering the proceedings liable to be quashed.

Issue 4: Mens Rea in Defamation Cases
The Court emphasized that mens rea is essential for an offence of defamation u/s 500 IPC. It was noted that the petitioners acted in good faith to protect their interests, and no malice or intent to defame was established. The absence of mens rea meant that the continuation of the proceedings would be an abuse of the process of the Court.

Conclusion:
The Court found that the proceedings lacked compliance with Section 202 CrPC and that the allegations did not constitute defamation due to the absence of mens rea. Consequently, the proceedings of Case No. C-1286/2008 and others were quashed, as their continuation would be an abuse of the process of administration of justice.