https://www.taxtmi.com/caselaws?id=459466 In a private defamation complaint, the Magistrate may issue process on a prima facie view from the complainant's materials, but if those materials themselves clearly disclose a complete exception to section 499 of the Indian Penal Code, the complaint may be dismissed at the threshold. The High Court's inherent power under section 482 of the Criminal Procedure Code may quash proceedings only on the basis of the record that was before the Magistrate and cannot be used to rely on unproved material or disputed facts to extend the benefit of an exception. The summoning order was therefore not interfered with, and the Fourth Exception was left for trial. en-us Thu, 05 Oct 2023 00:00:00 +0530 Sat, 14 Dec 2024 14:21:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=459466 In a private defamation complaint, the Magistrate may issue process on a prima facie view from the complainant's materials, but if those materials themselves clearly disclose a complete exception to section 499 of the Indian Penal Code, the complaint may be dismissed at the threshold. The High Court's inherent power under section 482 of the Criminal Procedure Code may quash proceedings only on the basis of the record that was before the Magistrate and cannot be used to rely on unproved material or disputed facts to extend the benefit of an exception. The summoning order was therefore not interfered with, and the Fourth Exception was left for trial. Case-Laws Indian Laws Thu, 05 Oct 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=459466