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february 2005

Supreme Court of India · 2005-02-23

RAM SWARUP vs MOHD. JAVED RAZACK

Citation / case number
SC 1999/14002
Court
Supreme Court of India
Petitioner
RAM SWARUP
Respondent
MOHD. JAVED RAZACK
Bench
HON’BLE B.P. SINGH, 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 directed at both the complainant and his father, thus allowing the complainant to file the complaint. The Court found no merit in the arguments regarding the necessity of police investigation under Section 156(3) CrPC or the requirement of a complaint from the father under Section 199 CrPC.

RAM SWARUP vs MOHD. JAVED RAZACK · Niyam