https://www.taxtmi.com/caselaws?id=309694 Section 202 CrPC requires a mandatory inquiry before process is issued against accused persons residing outside the Magistrate's jurisdiction; issuing process without such inquiry vitiates the order. In a defamation complaint, the materials must also disclose the essential ingredients of Sections 499 and 500 IPC, including the necessary mens rea. Communications sent to superior authorities in connection with an ongoing land dispute were treated as made in good faith for protection of interests and as falling within statutory exceptions to defamation. On that basis, the complaint was found to disclose no prima facie defamation and the prosecution was held unsustainable as an abuse of process. en-us Wed, 07 Aug 2013 00:00:00 +0530 Sat, 16 Sep 2023 11:35:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309694 Section 202 CrPC requires a mandatory inquiry before process is issued against accused persons residing outside the Magistrate's jurisdiction; issuing process without such inquiry vitiates the order. In a defamation complaint, the materials must also disclose the essential ingredients of Sections 499 and 500 IPC, including the necessary mens rea. Communications sent to superior authorities in connection with an ongoing land dispute were treated as made in good faith for protection of interests and as falling within statutory exceptions to defamation. On that basis, the complaint was found to disclose no prima facie defamation and the prosecution was held unsustainable as an abuse of process. Case-Laws Indian Laws Wed, 07 Aug 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309694