Judicial Process Should Not Be An Instrument Of Operation Or Needless Harassment: Cautions Allahabad HC [Read Judgment]
Live LawWhile cautioning the courts to be circumspect and judicious in exercising the discretion and issuing process, the Allahabad High Court quashed the summoning order passed against the editorial staff of a newspaper, in connection with a defamation case. Thus it was held, "the complaint was not maintainable before the Magistrate as there is specific provision that the complaint should be filed through a Public Prosecutor in the Court of Session, if Defamation is alleged in respect of performance of the public duty by the person mentioned in Section 199 CrPC. Cautioning the courts to be circumspect and judicious in exercising the discretion and issuing process, the court said, "For the offence of criminal defamation, the burden is on the Magistrate to scrutinize the complaint on all aspects, and he is required to satisfy himself that the ingredients of Section 499 IPC are satisfied. The Magistrate must apply his judicial mind on the complaint, and facts of the case, before taking cognizance and issuing process, summoning the accused." v. Special Judicial Magistrate & Ors., 5 SCC 749, and said, "It is well settled that the judicial process should not be an instrument of operation or needless harassment.