The Supreme Court allowed an appeal and quashed the orders of the Sessions Judge and High Court which quashed a defamation complaint. The Court held that the complaint rejection by the Magistrate was well-reasoned and the article was published in good faith under Article 19(1)(a).
Orders dated 15th October, 2018 and 29th January, 2020 quashed; proceedings under Section 500 IPC quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Criminal Appeal @ SLP(Crl.) No(s). 3180 of 2020
2024 INSC 66
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). OF 2024 (Arising out of SLP(Crl.) No(s). 3180 of 2020)
SANJAY UPADHYA ….APPELLANT(S)
VERSUS
ANAND DUBEY ….RESPONDENT(S)
J U D G M E N T
Mehta, J.
Signature Not Verified Judicial Magistrate First Class, Hoshangabad. The complaint was Digitally signed by Narendra Prasad Date: 2024.01.29 18:29:37 IST Reason: fo unded on an allegation that the appellant who is the registered
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Criminal Appeal @ SLP(Crl.) No(s). 3180 of 2020
owner of a Daily newspaper named ‘Sunday Blast’ having its registered office at Malviya Hospital, Kothi Bazar, Hoshangabad Tehsil and District Hoshangabad, allowed a news article to be published in the edition dated 24th February, 2013 bearing a title “ Advocate ne pan masala vyavasayi par karaya jhuta mamla darj ”.
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Criminal Appeal @ SLP(Crl.) No(s). 3180 of 2020
learned Additional Sessions Judge, Hoshangabad vide order dated 15th October, 2018 and the order passed by the learned Magistrate was reversed. The accused appellant herein challenged the said order by filing MCRC No. 44473 of 2018 before the High Court of Madhya Pradesh which dismissed the same vide order dated 29th January, 2020. The order dated 29th January, 2020 and all further proceedings of the complaint are assailed in the present appeal.
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Criminal Appeal @ SLP(Crl.) No(s). 3180 of 2020
appellant for the offence punishable under Section 500 of the Indian Penal Code, 1860. We are also of the view that the news article in question was published in good faith and in exercise of the Fundamental Right of Freedom of Speech and Expression enshrined under Article 19(1)(a) of the Constitution of India.
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Criminal Appeal @ SLP(Crl.) No(s). 3180 of 2020
.………………………………J. (B.R. GAVAI)
……………………………….J. (SANDEEP MEHTA)
New Delhi; January 29, 2024.
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2 issues framed by the court
Whether the quashing of the complaint by the High Court was a correct exercise of revisional jurisdiction.
Whether the news article publication was in good faith protected under Article 19(1)(a) of the Constitution.
2 provisions across 2 enactments
Sanjay Upadhyya
Anand Dubey
Mehta
Gavi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
