Case Note & Summary
The applicant, head of the Ahmednagar edition of daily Lokmat, sought to quash an order issuing process against him for offences under Sections 500, 501, 502 read with 34 and 120B of the Indian Penal Code, and the revisional order confirming it. The complaint was filed by respondent no. 1, a public trust, alleging that a series of news articles published by Lokmat between 6 January 2017 and 19 January 2017 under the heading 'Mohatyachi Maya' were defamatory, questioning the trust's working and shaking public faith. The applicant contended that the articles were published in good faith, without malice, and were intended to bring irregularities to public notice, falling within the exceptions to defamation under Section 499 IPC. He raised a preliminary objection that some accused persons resided outside the jurisdiction of the Magistrate, yet no inquiry was conducted as required by Section 202 CrPC before issuing process. The respondent argued that the articles were defamatory and that there was sufficient compliance with procedural requirements. The Court, while noting the rival contentions on the defamatory nature of the articles, found merit in the procedural challenge. It held that Section 202 CrPC casts a mandatory duty on the Magistrate to postpone issue of process and conduct an inquiry when any accused resides outside the court's jurisdiction. The Magistrate failed to adhere to this requirement, vitiating the order of issue process. Consequently, the Court quashed the order dated 3 March 2017 passed by the Judicial Magistrate (F.C.), Ahmednagar, and the order dated 13 September 2017 passed by the Additional Sessions Judge, Ahmednagar, in Criminal Revision No. 124 of 2017. The matter was remanded back to the Magistrate for fresh consideration after conducting an inquiry as mandated by Section 202 CrPC. The Court did not enter into the merits of the defamation allegations.
Headnote
A) Criminal Procedure - Issue of Process - Duty of Magistrate under Section 202 CrPC - Code of Criminal Procedure, 1973, Section 202 - When an accused resides outside the territorial jurisdiction of the Magistrate, Section 202 CrPC mandates postponement of issuance of process and conducting of an inquiry or investigation. Non-compliance with this mandatory requirement renders the order of issue process invalid. The Court quashed the impugned orders as the Magistrate failed to hold such inquiry. Held that the matter be remanded for fresh consideration after compliance with Section 202 CrPC. (Paras 11) B) Defamation - Exceptions - Good Faith and Public Interest - Indian Penal Code, Sections 499, 500, 501, 502 - The Court refrained from examining the merits of the defamation allegations, including the applicability of Explanations 4, 9 and 10 to Section 499 IPC, because the order of issue process suffered from a jurisdictional procedural defect. The ratio turned solely on the non-compliance with Section 202 CrPC. (Paras 11)
Issue of Consideration
Whether the order issuing process for defamation can be quashed for non-compliance with Section 202 CrPC when some accused reside outside the Magistrate's jurisdiction, and whether the articles constitute defamation
Final Decision
The Court allowed the application, quashed and set aside the order dated 03.03.2017 and the revisional order dated 13.09.2017 for non-compliance with Section 202 CrPC, and remanded the matter back to the Magistrate for fresh consideration after conducting an inquiry as required under Section 202 CrPC.
Law Points
- Section 202 CrPC mandates inquiry before issuing process if accused resides outside jurisdiction
- failure to comply vitiates order
- inherent powers under Section 482 CrPC can be exercised to quash such orders
- no merit discussion required if procedural defect is established
