Criminal Procedure Code, 1973
Section 199(1)—Purpose and intent—Purpose and intent of Section 199(1) of CrPC is to limit the power of Magistrate to take cognizance of offences pertaining to defamation in order to prevent and discourage the filing of frivolous complaints.
[Para 33]
Indian Penal Code, 1860
Section 500—Defamation—Quashing of summoning orders as well as complaint sought by petitioners—Complaint was based on an article published in a newspaper—Provisions of Section 199 (1) CrPC mandates that the Magistrate can take cognizance of the offence only upon receiving a complaint by a person who is aggrieved—Complainant has not been able to show as to how he is the “person aggrieved” within the definition of Section 199(1) Cr.P.C.—Contents of complaint suffers from vices of illegality or infirmity—Even complainant is not a part of “identifiable class” or definite “association or collection of persons” as enumerated in Explanation (2) to Section 499 of IPC—While taking cognizance of complaint, the trial court has not taken into consideration the provisions of Section 199(1) of CrPC—Complaint in question is not maintainable and liable to be dismissed. [Criminal Procedure Code, 1973, Section 199(1)]
[Paras 33, 35 & 39]