Soni and 2 Others v. Sanjai Kumar and 2 Others
Case brief
What is this about?
Neutral Citation 2024:AHC-LKO:37824; CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. 971 of 2024; decided 9.5.2024 by Jaspreet Singh, J.; applicants Soni and 2 others vs opposite party Sanjai Kumar and 2 others; anticipatory bail refused, application dismissed as not maintainable; offence under Section 500 IPC (defamation) bailable; underlying cognizance/summoning order of Special Municipal Mobile Magistrate, Jammu (J&K); reference also to Complaint Case no.385 of 2023, Sessions Court, Unnao, P.S. Safipur. Keywords: anticipatory bail, S.438 CrPC, S.500 IPC, defamation, maintainability, bailable offence, territorial jurisdiction, Jammu, Unnao.
What did the court decide?
The Court declined to entertain the anticipatory bail application because the offence under Section 500 IPC is bailable and the case relates to an order passed by a Court in the State of Jammu and Kashmir at Jammu, a position counsel for the applicants did not dispute