Karnataka HC Refuses To Quash Defamation Case Against Advocate Who Made Objectionable Allegations In Written Statement

A Karnataka High Court Bench of Justice K Natarajan has refused to quash a defamation complaint filed against an Advocate, on the grounds that the averments made by him did not fall under the exception of Section 499 of the IPC, as the statement made could not be said to be in good faith while conducting the trial or proceedings. 

Counsel K Ravishnakar Bhat, Counsel Thribhuvan K and Counsel Rama Bhat K appeared for the Petitioners, while Counsel S Rajashekar, Counsel K Ramabhat and Counsel Thribhuvan K appeared for the Respondents.

In this case, a lawyer was accused of making defamatory allegations against the complainant with the intention of tarnishing the image of the complainant. He was accused of filing a written statement with objectionable statements against the complainant before the Upalokayukta on behalf of his clients.

On hearing the arguments and perusing the records, the Court observed that "The averments made by the accused or defamatory statement made by the accused will not fall under the exception of the section 499 of IPC as the statement made by the accused No.3 cannot be said to be in a good faith while conducting the trial or proceedings." 

In furtherance of the same, the Court noted that "The accused No.3 is a practicing advocate and he himself drafted the objection on behalf of the accused Nos.1 and 2 and he himself is aware about the consequences about the statement of objections filed before the public authority in a court of law."

Therefore, the Court observed that "without going to the trial, this Court cannot jump into the conclusion, there is no defamatory statement made by the accused persons or there is no criminal intention or Mens Rea to defame the complainant, therefore, matter is required for trial."

In light of the same, the Court refused to quash the defamation complaint, and dismissed the petition.

Cause Title: Santhosh Kumar M v. A Keshava Bhat & Others.

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