Summoning order for defamation quashed as news publication and complaints to authorities lacked evidence of malice.

In brief

The question

1. Whether the allegations made in the complaint and the evidence on record prima facie constitute the offence of criminal defamation under Section 500 IPC

The court held

The Court answered the issues in the negative, holding that no prima facie case of defamation was established against the applicant

It also directed

The High Court allowed the application and quashed the summoning order dated 06.04.2024, the entire proceedings of Complaint Case No. 907 of 2024, and the revisional order dated 10.09.2025

01Facts

The applicant sought to quash a summoning order dated 06.04.2024 and subsequent revisional order dated 10.09.2025 regarding a complaint filed under Section 500 IPC

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The complainant, Dr. Akshay Jain, alleged that the applicant defamed him by publishing a news article in Dainik Jagran claiming a "fabricated" prescription helped an accused get bail in a dowry death case, and by filing "baseless" complaints on Government portals

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The applicant argued the news was a report of court proceedings (Exception IV, Section 499 IPC) and the complaints were made in good faith (Exception VIII) following an investigation that found the doctor’s actions suspicious

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02Issues

i.1. Whether the allegations made in the complaint and the evidence on record prima facie constitute the offence of criminal defamation under Section 500 IPC

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ii.2. Whether the applicant could be held liable for the publication of the news article in the absence of evidence linking him to its authorship or circulation

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03Law Applied

The Court applied Section 499 of the IPC, which defines defamation and provides exceptions for substantially true reports of court proceedings (Exception IV) and accusations made in good faith to authorized persons (Exception VIII)

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It further relied on the principle that summoning an accused is a "serious matter" requiring the Magistrate to scrutinize evidence beyond a casual manner

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Under Section 528 BNSS (equivalent to 482 CrPC), the Court possesses the power to quash proceedings that are "manifestly frivolous, vexatious, or malicious" by reading between the lines and considering the overall circumstances

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Provisions in the judgment · 10 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Code of Criminal Procedure, 1973 Section 200 Section 202 Section 156 Section 482

Indian Penal Code, 1860 Section 499 Section 500 Section 193

Dowry Prohibition Act, 1961 Section 3 Section 4

04Reasoning

The Court observed that the Dainik Jagran article was attributed to a "Jagran Correspondent" and contained no evidence that the applicant published or authored it

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Regarding the administrative complaints, the Court noted that a police investigation had previously found a contradiction between the complainant’s statements and mobile CDR locations, suggesting the prescription was indeed fabricated to benefit the accused in a dowry death case

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Consequently, the Court reasoned that the applicant’s complaints were supported by investigative findings and lacked malicious intent

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The Court found that the Magistrate failed to elicit the truth of the allegations and passed the summoning order in a "very casual manner" without establishing a prima facie case

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05Holding

The Court answered the issues in the negative, holding that no prima facie case of defamation was established against the applicant

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The High Court allowed the application and quashed the summoning order dated 06.04.2024, the entire proceedings of Complaint Case No. 907 of 2024, and the revisional order dated 10.09.2025

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LawLens.Allahabad High Court

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