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february 2005

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.

Ram Swarup vs Mohd. Javed Razack & Anr · Niyam