BASIR-UL-HUQ AND OTHERS vs THE STATE OF WEST BENGAL.NUR-UL-HUDAV.THE STATE OF WEST BE

The Supreme Court held that the trial for trespass under Section 297 IPC and defamation under Section 500 IPC was maintainable despite the accused's prior false report, as the offences were distinct from those under Sections 182 and 211 IPC. The Court clarified that Section 195 of the Criminal Procedure Code does not bar a private individual from seeking redress for defamation even if the false report also discloses offences against a public servant. The judgment emphasized that Section 195 cannot be circumvented by mischaracterizing the offence.