{"id":246769,"date":"2021-04-09T10:30:56","date_gmt":"2021-04-09T05:00:56","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=246769"},"modified":"2021-04-16T17:23:33","modified_gmt":"2021-04-16T11:53:33","slug":"defamation-4","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2021\/04\/09\/defamation-4\/","title":{"rendered":"Del HC | Does CrPC allow amendment before taking cognizance and is there any provision to amend criminal complaint? Read Court’s opinion while deciding India Today’s Editor-in-Chief’s application in defamation case"},"content":{"rendered":"

Delhi High Court:<\/strong> Yogesh Khanna, J., reiterated that there is no provision in the Criminal Procedure Code to amend a criminal complaint, but amendment can be allowed if the amendment is sought before taking of cognizance.<\/p>\n

Petitioner (Aroon Purie, Editor-in-Chief, India Today) filed an application for amendment challenging the order dated 26-02-2020 whereby the trial court directed to issue notice against the petitioner for offences under Sections 500\/501\/502 read with Section 120-B IPC.<\/p>\n

Factual matrix<\/em><\/strong><\/span><\/h3>\n

India Today Magazine in its edition dated 30-04-2007 had published a news item under the title “Mission Misconduct”. The said item asserted allegations, against the complainant, of soliciting sexual favour leading to a probe that revealed financial irregularities and fudging of bills. It was also reported that consequently, the official (complainant) is back in India is facing disciplinary action.<\/p>\n

Petitioner\u2019s arguments<\/em><\/strong><\/span><\/h3>\n

(a<\/em>)<\/strong> \u00a0\u00a0\u00a0\u00a0\u00a0 As per Section 7 of the Press and Registration of Books Act, 1867, normally an editor, printer can only be prosecuted. The petitioner is the editor-in-chief and therefore could never be prosecuted. The news item itself shows the petitioner is editor-in-chief and not an editor.<\/p>\n

(b<\/em>)<\/strong>\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The news item merely reported the facts and hence it cannot be said to be defamatory. Facts were accurate and reflected the public record and hence no defamation case could be made out.<\/p>\n

(c<\/em>)<\/strong>\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Violation of Section 196(2) CrPC: It was argued that it prohibited any Court from taking cognizance of an offence of conspiracy, other than criminal conspiracy to commit an offence punishable with death or imprisonment for life or rigorous imprisonment for two years or above. Such cognizance can be taken only in a case where the State Government or the District Magistrate has consented in writing and since there is no consent of the State Government or by the District Magistrate, the cognizance in the present case is barred under Section 196(2) CrPC.<\/p>\n

(d<\/em>)<\/strong> Challanege was also based on the grounds of violation of Section 197 CrPC. It was contended that necessary sanction for prosecution was not obtained.<\/p>\n

(e<\/em>)<\/strong> Lastly, it was asserted that the instant petition under Section 482 CrPC was maintainable despite availability of the remedy under Section 397 CrPC.<\/p>\n

Complainant’s story<\/em><\/strong><\/span><\/h3>\n

As per the complainant, information about allegation of \u201csexual harassment at work place\u201d was conveyed to him only in the form of a show cause notice. On the basis of his reply, the Ministry of External Affairs conveyed to the complainant that they would not pursue the matter further at that stage. Thus, without any basis, India Today went ahead with the publication of an unsubstantiated and unverified defamatory story and splashed it all over the world through the medium of the internet.<\/p>\n

Act of Defamation was done on 30-04-2007 on which date there were no charges of any financial irregularities or of fudging of bills, etc, against the complainant. Such charges were created and disciplinary action initiated and pursued by the Department under the shadow of a democles sword in the form of the publication of the defamatory news story which ignited the flame and the resultant fire engulfed the whole unblemished service career, jeopardized his chances of promotion and, above all, assassinated his precious reputation.<\/p>\n

As per the complainant, the so-called complaint dated 10.07.2005 (2006) never existed and was subsequently planted. Further, it was alleged that on the date of publication of story in India Today dated 30-04-2007, no show cause notice much less the memorandum of charges were issued to him.<\/p>\n

Whatever information with regard to any allegations was available to the accused\/officers of the MEA, who were privy to such classified\/confidential information; they rather provided such classified information to India Today in an unauthorized manner and in violation of the GOI Conduct Rules applicable to them, which specifically prohibits sharing any information about service matters of its officer with the media. Thus the assertion the news story on 30-04-2007 was only reporting of a fact which was in public record, was completely misleading.<\/p>\n

Analysis, Law and Decision<\/em><\/strong><\/span><\/h3>\n

(a<\/em>)<\/strong> The High Court was of the opinion that the argument that as per Section 7 of the Press and Registration of Books Act, 1867, normally an editor can only be prosecuted cannot be adhered to. It was reiterated that it is matter of evidence<\/em> in each case and if the complaint is allowed to proceed only against the editor whose name is printed in the newspaper against whom there is a statutory presumption under Section 7 and in case such editor succeeds in proving that he was not the editor having control over the selection of alleged libelous matter published in the newspaper, the complainant would be left without any remedy left to redress the arguments against the real culprits.<\/p>\n

(b<\/em>)<\/strong> On the second issue, the Court said that the assertions that the news item merely reported facts which were accurate and reflected public records and cannot be held to be defamatory, cannot be accepted. Rather such assertion and who was responsible for its publication and has it came to the fore of editors require critical examination and hence evidence of these issues is required.<\/p>\n

The ingredients of Section 499 IPC clearly point out towards the imputation published in any form which also include newspaper. In case the petitioner seeks the protection of an exception under Section 499, that stage is yet to come<\/em>, meaning thereby the submissions made by the petitioners are not applicable at this stage<\/em>.<\/p>\n

It was noted that as per record available before the Court, the story by the petitioner against the complainant, was allegedly published much prior to the issue of show cause notice. Subsequent to this, the complainant was exonerated from all the allegations vide an order dated 04-04-2008, but as per the complainant, with the publication of the article in question, the complainant was allegedly defamed in the eyes of his wife, his family, his friends and colleagues and society, in India and all over the world.\u00a0Till date the defamatory article allegedly haunts him and that is the reason the complainant has been vigorously pursuing litigation.<\/p>\n

(c<\/em>)<\/strong> Further, the Court doubted whether Section 196(2) CrPC will be applicable in the present case. Anyhow, in this case, the Magistrate after due process of law and after applying her mind to the facts and circumstances of the complaint, has taken cognizance and thus has consented in writing to the initiation of the proceedings against the petitioner vide a summoning order dated 20.04.2013, hence this objection was not relevant at this stage.<\/p>\n

(d<\/em>)<\/strong> With respect to the objection qua violation of Section 197 CrPC, the High Court expressed that in the present matter, petitioner was neither a judge nor a public servant, therefore no sanction was required to initiate criminal action by the Magistrate against the petitioner.<\/p>\n

Relying on the Supreme Court decision in State v. Battenapatla Venata Ratnam<\/em>, (2015) 13 SCC 87<\/a>, the Court opined that as the allegations against the government official are of leaking of the confidential information of complainant to block his career, and allegedly for their own pleasure, hence, prima facie, at this stage, per allegations, sanction was not required.<\/p>\n

(e<\/em>)<\/strong> On the question of maintainability of the instant petition, the Court was of the view that allegations and counter allegations in the present matter raised disputed questions of facts and cannot be dwelled into by the High Court under Section 482 CrPC.<\/p>\n

All the defenses raised in the instant petition, can very well be taken up by the petitioner during the course of trial, said the High Court.<\/p>\n

Whether amendment can be allowed at the instant stage<\/em><\/strong><\/span><\/h3>\n

In the present case, the trial court had already taken cognizance of the complaint and proceeded with the trial. As per the High Court, the amendment which was now sought is illegal and against the provisions of law.<\/p>\n

In the present matter, the amendment were sought when the Magistrate had already taken cognizance of the complaint and had proceeded with trial. The High Court relied on the Supreme Court decision in S.R. Sukumar v. S. Sunaad Raghuram<\/em>, (2015) 9 SCC 609<\/a>, wherein it was held that, there is no provision in CrPC to amend criminal complaint, but amendment can be allowed if the amendment is sought before taking cognizance.<\/p>\n

Therefore, the present petition was dismissed as no ground to interfere under Section 482 CrPC was found. [Aroon Purie v. State, Crl. MC No. 3492 of 2013, decided on 07-04-2021]<\/p>\n

\n

Advocates before the Court:<\/strong><\/p>\n

\n
\n
\n

[CRL.M.C. 3492\/2013 CRL.M.As. 12820\/2013 & 18912\/2014]<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n

\n
\n
\n

For the Petitioner:<\/strong> Mr. Siddharth Luthra, Senior Advocate with Mr.Hrishikesh Baruah, Mr. Pranav Jain.<\/p>\n<\/div>\n

For the Respondents:<\/strong> Mr. Amit Ahlawat, APP for State. <\/span>Mr.SS.Ahluwalia, Advocate for R2\/ Amicus Curie.<\/span><\/p>\n

\n
\n
\n

[CRL.M.C. 4636\/2013, CRL.M.A.Nos.16659\/2013, 17386\/2020]<\/span><\/p>\n

For the Petitioner: <\/strong>Mr. Ajay Digpaul, CGSC with Mr. Kamal R.Digpaul, Advocate<\/span><\/p>\n

For the Respondents: <\/strong>Mr. S.S. Ahluwalia, Advocate\/ amicus curie and Mr. Mohit <\/span>Bansal, Advocate.<\/span><\/p>\n

\n
\n
\n

[CRL.M.C. 1762\/2014, CRL.M.A.Nos.5882\/2014, 17297\/2020, 17299\/2020]<\/span><\/p>\n

For the Petitioner: <\/strong>Mr. Hrishikesh Baruah, Mr. Ajay P.Tushir, Mr. Shailendra Singh, Mr. Pranav Jain, Mr. Shahrukh, Advocates.<\/span><\/p>\n

For the Respondents: <\/strong>Mr. Amit Ahlawat, APP for State. <\/span>Mr.S.S.Ahluwalia, Advocate\/ amicus curie and Mr. Mohit Bansal, Advocate for Mr. O.P.Bhola<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Delhi High Court: Yogesh Khanna, J., reiterated that there is no provision in the Criminal Procedure Code to amend a criminal complaint, <\/p>\n","protected":false},"author":8808,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[17231,13671,11941,2812,2543,45640,45639,29785,35745,33123],"class_list":["post-246769","post","type-post","status-publish","format-standard","hentry","category-casebriefs","category-highcourts","tag-criminal-conspiracy","tag-criminal-procedure-code","tag-crpc","tag-defamation","tag-Delhi_High_Court","tag-editor-in-chief","tag-india-today","tag-law","tag-section-499-ipc","tag-section-500-ipc"],"yoast_head":"\nDel HC | Does CrPC allow amendment before taking cognizance and is there any provision to amend criminal complaint? Read Court's opinion while deciding India Today's Editor-in-Chief's application in defamation case | SCC Times<\/title>\n<meta name=\"description\" content=\"Defamation\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.scconline.com\/blog\/post\/2021\/04\/09\/defamation-4\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Del HC | Does CrPC allow amendment before taking cognizance and is there any provision to amend criminal complaint? Read Court's opinion while deciding India Today's Editor-in-Chief's application in defamation case\" \/>\n<meta property=\"og:description\" content=\"Defamation\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.scconline.com\/blog\/post\/2021\/04\/09\/defamation-4\/\" \/>\n<meta property=\"og:site_name\" content=\"SCC Times\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/scc.online\/\" \/>\n<meta property=\"article:published_time\" content=\"2021-04-09T05:00:56+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2021-04-16T11:53:33+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/10\/Delhi-HC.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"1329\" \/>\n\t<meta property=\"og:image:height\" content=\"888\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Bhumika Indulia\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Bhumika Indulia\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"7 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2021\/04\/09\/defamation-4\/\",\"url\":\"https:\/\/www.scconline.com\/blog\/post\/2021\/04\/09\/defamation-4\/\",\"name\":\"Del HC | Does CrPC allow amendment before taking cognizance and is there any provision to amend criminal complaint? Read Court's opinion while deciding India Today's Editor-in-Chief's application in defamation case | SCC Times\",\"isPartOf\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/#website\"},\"datePublished\":\"2021-04-09T05:00:56+00:00\",\"dateModified\":\"2021-04-16T11:53:33+00:00\",\"author\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/919ec47cc1b871b362af05740398033a\"},\"description\":\"Defamation\",\"breadcrumb\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2021\/04\/09\/defamation-4\/#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.scconline.com\/blog\/post\/2021\/04\/09\/defamation-4\/\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2021\/04\/09\/defamation-4\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/www.scconline.com\/blog\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Del HC | Does CrPC allow amendment before taking cognizance and is there any provision to amend criminal complaint? Read Court’s opinion while deciding India Today’s Editor-in-Chief’s application in defamation case\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/www.scconline.com\/blog\/#website\",\"url\":\"https:\/\/www.scconline.com\/blog\/\",\"name\":\"SCC Times\",\"description\":\"Bringing you the Best Analytical Legal News\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/www.scconline.com\/blog\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Person\",\"@id\":\"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/919ec47cc1b871b362af05740398033a\",\"name\":\"Bhumika Indulia\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/image\/\",\"url\":\"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2021\/04\/Me-150x150.jpg\",\"contentUrl\":\"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2021\/04\/Me-150x150.jpg\",\"caption\":\"Bhumika Indulia\"},\"url\":\"https:\/\/www.scconline.com\/blog\/post\/author\/editor_1\/\"}]}<\/script>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"Del HC | Does CrPC allow amendment before taking cognizance and is there any provision to amend criminal complaint? Read Court's opinion while deciding India Today's Editor-in-Chief's application in defamation case | SCC Times","description":"Defamation","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.scconline.com\/blog\/post\/2021\/04\/09\/defamation-4\/","og_locale":"en_US","og_type":"article","og_title":"Del HC | Does CrPC allow amendment before taking cognizance and is there any provision to amend criminal complaint? Read Court's opinion while deciding India Today's Editor-in-Chief's application in defamation case","og_description":"Defamation","og_url":"https:\/\/www.scconline.com\/blog\/post\/2021\/04\/09\/defamation-4\/","og_site_name":"SCC Times","article_publisher":"https:\/\/www.facebook.com\/scc.online\/","article_published_time":"2021-04-09T05:00:56+00:00","article_modified_time":"2021-04-16T11:53:33+00:00","og_image":[{"width":1329,"height":888,"url":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/10\/Delhi-HC.jpg","type":"image\/jpeg"}],"author":"Bhumika Indulia","twitter_card":"summary_large_image","twitter_misc":{"Written by":"Bhumika Indulia","Est. reading time":"7 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/www.scconline.com\/blog\/post\/2021\/04\/09\/defamation-4\/","url":"https:\/\/www.scconline.com\/blog\/post\/2021\/04\/09\/defamation-4\/","name":"Del HC | Does CrPC allow amendment before taking cognizance and is there any provision to amend criminal complaint? Read Court's opinion while deciding India Today's Editor-in-Chief's application in defamation case | SCC Times","isPartOf":{"@id":"https:\/\/www.scconline.com\/blog\/#website"},"datePublished":"2021-04-09T05:00:56+00:00","dateModified":"2021-04-16T11:53:33+00:00","author":{"@id":"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/919ec47cc1b871b362af05740398033a"},"description":"Defamation","breadcrumb":{"@id":"https:\/\/www.scconline.com\/blog\/post\/2021\/04\/09\/defamation-4\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.scconline.com\/blog\/post\/2021\/04\/09\/defamation-4\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.scconline.com\/blog\/post\/2021\/04\/09\/defamation-4\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.scconline.com\/blog\/"},{"@type":"ListItem","position":2,"name":"Del HC | Does CrPC allow amendment before taking cognizance and is there any provision to amend criminal complaint? Read Court’s opinion while deciding India Today’s Editor-in-Chief’s application in defamation case"}]},{"@type":"WebSite","@id":"https:\/\/www.scconline.com\/blog\/#website","url":"https:\/\/www.scconline.com\/blog\/","name":"SCC Times","description":"Bringing you the Best Analytical Legal News","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.scconline.com\/blog\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/919ec47cc1b871b362af05740398033a","name":"Bhumika Indulia","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/image\/","url":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2021\/04\/Me-150x150.jpg","contentUrl":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2021\/04\/Me-150x150.jpg","caption":"Bhumika Indulia"},"url":"https:\/\/www.scconline.com\/blog\/post\/author\/editor_1\/"}]}},"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":243782,"url":"https:\/\/www.scconline.com\/blog\/post\/2021\/02\/12\/defamation\/","url_meta":{"origin":246769,"position":0},"title":"Jhar HC | A Newspaper reports about sexual assault incident along with sum and substance of FIR lodged with no disclosure of victim\u2019s name. Will defamation provision under Ss. 500 or 501 IPC be applied on publisher, editor, etc.?","author":"Bhumika Indulia","date":"February 12, 2021","format":false,"excerpt":"Jharkhand High Court: Ananda Sen, J., while addressing the instant matter with regard to the application of Section 228A of Penal Code, 1860 and subsequently the provision of defamation expressed that: \u201c\u2026publishing of newspaper report of facts of lodging of an FIR cannot be said to be defamatory, especially when\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2021\/02\/Screenshot-2021-02-12-at-12.19.54-PM.png?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":312408,"url":"https:\/\/www.scconline.com\/blog\/post\/2024\/01\/29\/delhi-hc-court-barred-from-taking-cognizance-of-defamation-on-police-report-legal-news\/","url_meta":{"origin":246769,"position":1},"title":"Court barred from taking cognizance of defamation on police report, it can only be taken on complaint filed by aggrieved party: Delhi High Court","author":"Arushi","date":"January 29, 2024","format":false,"excerpt":"\u201cIt is also the case of complainant that the accused persons including the petitioner had been defaming the complaint regularly through social media and the social media posts of the alleged incidents are even available on internet till date.\u201d","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"delhi high court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/10\/delhi-high-court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/10\/delhi-high-court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/10\/delhi-high-court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/10\/delhi-high-court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":357120,"url":"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/20\/ph-hc-refuses-to-quash-defamation-case-against-tv-today-network\/","url_meta":{"origin":246769,"position":2},"title":"Punjab and Haryana High Court dismisses petition to set aside defamation case against TV Today Network","author":"Editor","date":"August 20, 2025","format":false,"excerpt":"It remains undisputed on record that the complaint filed by Respondent 2 has disclosed commission of non-cognizable offence by the TV Today Network.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"defamation case against TV Today","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/08\/defamation-case-against-TV-Today.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/08\/defamation-case-against-TV-Today.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/08\/defamation-case-against-TV-Today.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/08\/defamation-case-against-TV-Today.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":213386,"url":"https:\/\/www.scconline.com\/blog\/post\/2019\/04\/08\/pat-hc-adultery-joseph-shine-v-union-of-india-given-retrospective-effect-proceedings-under-s-497-ipc-set-aside\/","url_meta":{"origin":246769,"position":3},"title":"Pat HC | Adultery: Joseph Shine v. Union of India given retrospective effect; proceedings under S. 497 IPC set aside","author":"Bhumika Indulia","date":"April 8, 2019","format":false,"excerpt":"Patna High Court: The Bench of Ahsanuddin Amanullah, J. quashed criminal proceeding filed in the year 2013 under Section 497 of the Penal Code, 1860 against a person accused of adultery, in view of Supreme Court\u2019s decision in Joseph Shine v. Union of India, (2019) 3 SCC 39. Petitioner herein\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":231829,"url":"https:\/\/www.scconline.com\/blog\/post\/2020\/07\/06\/madras-hc-police-failed-to-state-how-anti-caa-protest-by-accused-was-unlawful-court-quashes-criminal-case-against-accused-booked-for-anti-caa-protest\/","url_meta":{"origin":246769,"position":4},"title":"Madras HC | Police failed to state how anti-CAA protest by accused was unlawful: Court quashes criminal case against accused booked for anti-CAA protest","author":"Bhumika Indulia","date":"July 6, 2020","format":false,"excerpt":"Madras High Court:\u00a0G.K. Ilanthiraiyan, J., allowed a criminal petition and quashed proceedings in the criminal case filed against the petitioner protesting against Citizenship Amendment Act. Case of the prosecution Petitioner along with other accused persons protested in the public road against the implementation of the Citizenship Amendment Act and further\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":323545,"url":"https:\/\/www.scconline.com\/blog\/post\/2024\/06\/04\/what-extent-powers-of-amendment-of-pleadings-proceedings-under-domestic-violence-act-allahabad-hc-answers\/","url_meta":{"origin":246769,"position":5},"title":"What is the extent of powers of amendment of pleadings in proceedings under Domestic Violence Act? Allahabad HC answers","author":"Apoorva","date":"June 4, 2024","format":false,"excerpt":"Allahabad HC said that Magistrate dealing with an application under Section 12 is not called upon to act for the commission of an offence; hence what is contemplated is not a complaint but an application to a Magistrate as set out in Rule 6(1) of the D.V. Rules.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Allahabad High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Allahabad-High-Court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Allahabad-High-Court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Allahabad-High-Court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Allahabad-High-Court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/246769","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/8808"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=246769"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/246769\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=246769"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=246769"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=246769"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}