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december 2017

Supreme Court of India · 2017-12-04

Mohammed Abdulla Khan vs Prakash K.

Citation / case number
AIR 2017 SUPREME COURT 5608
Court
Supreme Court of India
Petitioner
Mohammed Abdulla Khan
Respondent
Prakash K.
Author
J. Chelameswar
Bench
S. Abdul Nazeer, J. Chelameswar

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the criminal proceedings against the owner of a newspaper under Sections 500, 501, and 502 of the Indian Penal Code, 1860, based on the argument of vicarious liability. The Court emphasized that the principles established in K.M. Mathew v. K.A. Abraham, (2002) 6 SCC 670, regarding liability of editors do not absolve the owner from responsibility for defamatory content published in their newspaper. The Court reinstated the proceedings against the owner, asserting that the High Court's dismissal lacked sufficient reasoning and could lead to a miscarriage of justice.

Mohammed Abdulla Khan vs Prakash K. · Niyam