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.