In case of complaint filed before authority concerned with accusations of creating nuisance by opening shop that attracted anti-social elements and road romeos, and created all sorts of problems, whether could amount to defamation, discussed. Applicability of S. 499 Exception 8, determined.

The learned Magistrate committed a serious error in taking cognizance on a complaint, which fails to disclose commission of any offence. According to the petitioner even if the entire case, as put up by the complainant, is accepted or believed to be true, none of the ingredients to constitute the offence of defamation as defined under Section 499 of the IPC and made punishable under Section 500 of the IPC are disclosed. He pointed out that he, in good faith, brought to the notice of the SDM that the complainant had encroached upon some portion of the land and had put up a shop which was creating nuisance. This, would not constitute any offence of defamation. He submitted that even otherwise since the alleged defamatory words or statements are said to have been made in a complaint made in writing addressed to a public authority like SDM and not made public, the same would not attract the rigours of Section 499 of the IPC.

Held, Exception 8 to Section 499 clearly indicates that it is not a defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with regard to the subject-matter of accusation. Even otherwise by perusing the allegations made in the complaint, we are satisfied that no case for defamation has been made out. The impugned order passed by the High Court is hereby set aside. As a consequence of the same, the original order passed by the 5 Magistrate issuing summons, is also hereby quashed and set aside.

[Kishore Balkrishna Nand v. State of Maharashtra, (2023) 8 SCC 358]

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Case Comment: it is not a defamation to prefer in good faith (exception 8) an accusation against any person to any of those who have lawful authority over that person with regard to the subject-matter of accusation. The petitioner brought to the notice of the SDM that the respondent had encroached upon some portion of the land and had put up a shop which was creating nuisance. This, would not constitute any offence of defamation and the same was not made out in public

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