Vivek Goenka & Ors. Vs. Y.R. Patil
EmailAppeal: Criminal Appeal No.42 of 2000.
(Arising out of SLP(Cr.) No.3483 of 1998)
(Arising out of SLP(Cr.) No.3483 of 1998)
Petitioner: Vivek Goenka & Ors.
Respondent: Y.R. Patil
Apeal: Criminal Appeal No.42 of 2000.
(Arising out of SLP(Cr.) No.3483 of 1998)
(Arising out of SLP(Cr.) No.3483 of 1998)
Judges: K.T. THOMAS & M.B. SHAH, JJ.
Date of Judgment: Jan 13, 2000
Head Note:
CRIMINAL LAW
Indian Penal Code, 1860
Section 499 – Defamation – Protection under the exceptions to Section 499 – It is for the accused concerned to show that he is protected by any of the exceptions – Accused persons whose connection with the alleged defamatory publication is too remote, ordered to be deleted from the party array – Persons accused could seek exemption from personal appearance subject to certain conditions specified by the court.
Indian Penal Code, 1860
Section 499 – Defamation – Protection under the exceptions to Section 499 – It is for the accused concerned to show that he is protected by any of the exceptions – Accused persons whose connection with the alleged defamatory publication is too remote, ordered to be deleted from the party array – Persons accused could seek exemption from personal appearance subject to certain conditions specified by the court.
JUDGEMENT:
ORDER
1. Leave granted.
2. There is no reason to quash the prosecution at this stage because the imputations are per se defamatory. It is for the accused concerned to show that they are protected by one of the exceptions in Section 499 of IPC as publication is also undisputed.
3. However, we do not think it necessary to retain accused Nos.2 and 3 in the array of the accused as their connection with the publication is too remote even on the averments made in the complaint. Hence, we order them to be deleted from the party array. Accused Nos.1 and 4 in the complaint will be re-ranked as accused Nos.1 and 2 and would be proceeded against. It is open to those accused to apply for exemption from personal appearance and on such application being made the trial court shall exempt them personal from appearance on the following condi-tions:
1. A counsel on their behalf would be present in the court whenever their case is taken up.
2. They will not dispute their identity as the accused in the case.
3. They will be present in court when such presence is imper-atively needed.
With these directions the appeal is disposed of.
1. Leave granted.
2. There is no reason to quash the prosecution at this stage because the imputations are per se defamatory. It is for the accused concerned to show that they are protected by one of the exceptions in Section 499 of IPC as publication is also undisputed.
3. However, we do not think it necessary to retain accused Nos.2 and 3 in the array of the accused as their connection with the publication is too remote even on the averments made in the complaint. Hence, we order them to be deleted from the party array. Accused Nos.1 and 4 in the complaint will be re-ranked as accused Nos.1 and 2 and would be proceeded against. It is open to those accused to apply for exemption from personal appearance and on such application being made the trial court shall exempt them personal from appearance on the following condi-tions:
1. A counsel on their behalf would be present in the court whenever their case is taken up.
2. They will not dispute their identity as the accused in the case.
3. They will be present in court when such presence is imper-atively needed.
With these directions the appeal is disposed of.
