Quash petition
dinesh
(Querist) 30 July 2014
This query is : Resolved
sir i am a working journalist associated with a english daily in chhattisgarh. A corporate giant has filed a complaint case under various sections of IPC including section 499 and 500 with a JFMC court. Instead of dismissing the compalint case as section 195 of CrPC bars courts from taking cognisance of IPC cases from section 190 to 211 , without even any mention of hte legal bar section 195 imposes, the JFMC has found that there is a case under section 500 and has registered the case under section 500. Could we appeal for a quash petition in the high court. We had exposed the collusion angle between some officials of the administration, police and the upcoming cement factory with a alleged Maoist accused of torching the factory. The first complainant in our case is the non exsistant company not registered as per Factory Laws in our state. Does such a non exsisntant under construction company which has signed MoU with teh state govt legal rights to move a court. is it necessary for the second complainant a senior official of hte company to submit a authorisation letter. please kindly let me know . regards
Devajyoti Barman
(Expert) 31 July 2014
The whole case history and the complaint needs to be seen to give a comprehensive reply on merit of the case.
If defamation occurs then quashing do not succeed.
Rajendra K Goyal
(Expert) 31 July 2014
Full case file need to be referred, consult local lawyer.
ajay sethi
(Expert) 31 July 2014
HC wont quash petition wherein case of defamation is made out
T. Kalaiselvan, Advocate
(Expert) 02 August 2014
If the company has been registered and is in existence in legal terms, the defamation case filed by them will be maintainable, sustainability of the same is to be seen upon the prosecution and defence of the case.
Sudhir Kumar, Advocate
(Expert) 05 August 2014
sketchy facts. no considered views can be formed.
if the allegations made by you are true then no defamation can succeed.
