Supreme Court of India · 2005-02-23
Ram Swarup vs Mohd. Javed Razack & Anr
- Citation / case number
- AIR 2005 SUPREME COURT 2005
- Court
- Supreme Court of India
- Petitioner
- Ram Swarup
- Respondent
- Mohd. Javed Razack & Anr
- Author
- B.P. Singh
- Bench
- B.P. Singh, Arun Kumar
Judgment text excerpt
The Supreme Court dismissed the appeal challenging the High Court's order rejecting the appellant's application under Section 482 of the Code of Criminal Procedure for quashing the cognizance taken by the Metropolitan Magistrate under Sections 499 and 503 IPC. The Court held that the Magistrate's decision to take cognizance was justified as the defamatory words used were per se defamatory, and the argument regarding the necessity of police investigation under Section 156(3) was not compelling. The Court affirmed the complainant's right to lodge a complaint despite the imputations being against his father as well.