Case Name : M/s Iveco Magirus Brandschutztechnik GMBHvs Nirmal Kishore Bhartiya & Anr
Case Reference: (2023) 13 SCR 220 :
Neutral Citation: 2023 INSC 880
Case Number: Crl A 1959/2012
Court: Supreme Court
Bench: 02
Coram: Bela M Trivedi, Dipankar Datta (Author)
Date: 05.10.2023
Analysis
Case of Defamation
Complaint can be dismissed even before summoning accused
Distinction between “sufficient ground for proceeding” as against “sufficient ground for conviction”. The latter is to be determined at trial.
The Magistrate is not barred from considering exceptions under Section 499 at the stage of issuance of process / cognizance.
Important
If the contents of the complaint as well, the statement on oath and the reports of the investigation / inquiry disclose a complete defence, then the Magistrate may dismiss the complaint on such ground.
Refer also:
See also: CrPC - Section 200 CrPC - Section 202 CrPC - Section 204
PDF: Iveco Magirus vs Nirmal Kishore Bhartiya, 2023 INSC 880.pdf