Home / Legal Shorts / Legal Shorts; SC: No FIR can be filed nor can any direction be issued under S. 156(3) CrPC in matters of criminal defamation.

Legal Shorts; SC: No FIR can be filed nor can any direction be issued under S. 156(3) CrPC in matters of criminal defamation.

Ss. 199, 154, 156(3), and 200 to 204- Defamation- Issue of process – In matters of criminal defamation there is a heavy burden on the Magistracy to scrutinise the complaint from all aspects.

Magistrate must be satisfied by application of mind on basis of relevant facts and circumstances whether ingredients of S. 499 IPC satisfied and whether accused is process – Magistrate must be circumspect and judicious in exercising his direction – Penal Code, 1860, Ss. 499 and 500.

Case: Subramanian Swamy v. Union of India.

Citation:
(2016) 7 SCC 221: (2016) 3 SCC (Cri) 1.

Bench Strength: – 2.
Coram: Dipak Mishra and Prafulla C. Pant, JJ.
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Shared by:
ADV. MAHESH VASWANI,
MUMBAI.
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