Case Note & Summary
The petitioners, accused in C.C.No.820/2022 on the file of Civil Judge and J.M.F.C., Navalgund, filed a petition under Section 482 CrPC seeking to quash the order dated 16.04.2022 taking cognizance and issuing process against them for the offence under Section 500 IPC. The respondent/complainant had filed a private complaint in P.C.No.116/2021 alleging that the petitioners made defamatory statements against her on 15.08.2020. The complaint was filed on 16.12.2021, beyond the one-year limitation period prescribed under Section 468 CrPC. The trial court took cognizance without considering the limitation and without any application for condonation of delay. The High Court held that the complaint was barred by limitation and the order taking cognizance was illegal. The petition was allowed, and the proceedings were quashed.
Headnote
A) Criminal Procedure Code - Limitation for Taking Cognizance - Section 468 CrPC - Defamation under Section 500 IPC - The complaint was filed beyond one year from the date of the alleged defamatory statement, and no application for condonation of delay was filed. The trial court took cognizance and issued process without considering limitation. Held that the order taking cognizance is illegal and liable to be quashed (Paras 1-10).
Issue of Consideration
Whether the trial court could take cognizance of a defamation complaint under Section 500 IPC filed beyond the limitation period without a proper application for condonation of delay under Section 468 CrPC.
Final Decision
The petition is allowed. The order dated 16.04.2022 passed in C.C.No.820/2022 (P.C.No.116/2021) by the Civil Judge and J.M.F.C., Navalgund, taking cognizance and issuing process against the petitioners for the offence under Section 500 IPC is quashed.
Law Points
- Limitation for defamation complaint
- Condonation of delay
- Section 468 CrPC
- Section 500 IPC
- Private complaint procedure
Case Details
2023 LawText (KAR) (11) 4
Criminal Petition No.100331 of 2023
Sri. B.S. Kukanagoudar (for petitioners), Sri. S.L. Matti (for respondent)
Yallappa S/o Ramappa @ Doddabasappa Lakkanavar and Manojkumar S/o Ramappa @ Doddabasappa Lakkanavar
Smt. Kallavva W/o Hanumantappa Kuriyavar
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Nature of Litigation
Criminal petition under Section 482 CrPC seeking quashing of order taking cognizance and issuing process for defamation under Section 500 IPC.
Remedy Sought
Petitioners sought quashing of the order dated 16.04.2022 in C.C.No.820/2022 taking cognizance and issuing process against them.
Filing Reason
The complaint was filed beyond the limitation period of one year under Section 468 CrPC without any application for condonation of delay.
Previous Decisions
The trial court took cognizance and issued process on 16.04.2022.
Issues
Whether the complaint under Section 500 IPC was barred by limitation under Section 468 CrPC.
Whether the trial court could take cognizance without considering limitation and without an application for condonation of delay.
Submissions/Arguments
Petitioners argued that the alleged defamatory statement was made on 15.08.2020, and the complaint was filed on 16.12.2021, beyond one year, and no application for condonation of delay was filed.
Respondent argued that the complaint was within limitation or that delay should be condoned.
Ratio Decidendi
A complaint for defamation under Section 500 IPC must be filed within one year from the date of the alleged defamatory statement as per Section 468 CrPC. If filed beyond limitation, the court cannot take cognizance without a proper application for condonation of delay. The order taking cognizance in such a case is illegal and liable to be quashed under Section 482 CrPC.
Judgment Excerpts
The petitioners are accused in C.C.No.820/2022 on the file of Civil Judge and J.M.F.C., Navalgund.
The respondent has filed complaint in P.C.No.116/2021 alleging that petitioners have committed the offence punishable under Section 500 IPC.
The complaint was filed on 16.12.2021, which is beyond one year from the date of the alleged defamatory statement on 15.08.2020.
No application for condonation of delay was filed.
The order taking cognizance and issuing process is illegal and liable to be quashed.
Procedural History
The respondent filed a private complaint (P.C.No.116/2021) on 16.12.2021 alleging defamation under Section 500 IPC. The trial court took cognizance and issued process on 16.04.2022. The petitioners filed this petition under Section 482 CrPC on 20.11.2023 to quash the order. The High Court reserved judgment on 20.11.2023 and pronounced on 28.11.2023.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): Section 468, Section 482
- Indian Penal Code, 1860 (IPC): Section 500
