Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.482 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.482 - Petition forquashing of defamation proceedings - Respondent is the owner ofthe newspaper which allegedly published defamatory materialagainst the appellant - Proceeding initiated against him unders.500-502 /PC - High Court quashed the proceedings - On appeal,held: The owner, the printer, or the person selling or offering to selldefamatory material is liable for the offences under ss.501 or 502JPC, (as the case may be) if the other elements indicated in thosesections are satisfied - Whether there is sufficient evidence toestablish the guilt of the respondent for any one of these offences isc1 matter that can be examined only sifter recording evidence at thetime of trial - That can never be a subject matter of a proceedingunder s.482 - High Court simply concluded that prosecution ofrespondent would lead to miscarriage of justice without discussingand without disclosing any principle which forms the basis of theconclusion - The extent of the applicability of the principle ofvicarious liability in criminal law particularly in the context of theoffences relating to defamation are neither discussed by the HighCourt in the judgement under appeal nor argued before SupremeCourt because the respondent neither appeared in person northrough any advocate - The question requires a seriousexamination since the owner of a newspaper employs people toprint, publish and sell the newspaper to make a financial gain outof the said activity - Each of these activities is carried oi1 by personsemployed by the owner - Where defamatory matter is printed (in anewspaper or a book etc.) C1nd sold or offered for sale, whether theowner thereof can be heard to say that he cannot be made vicariouslyliable for the defamatory material carried by his newspaper etc.requires a critical examination - Neither prosecutions nor the powerunder s.482 can be either conducted or exercised casually m wasdone in the case on hand - Impugned judgement set aside - Trial court to proceed _with the case in qc~ordance with law - Penal Code,1860 - ss.499, ~00, 501, 502. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2017 INSC 1168 |
Petitioner | Mohammed Abdulla Khan |
Respondent | Prakash K. |
SCR | [2017] 12 S.C.R. 9 |
Judgement Date | 2017-12-04 |
Case Number | 2059 |
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