Merely Filing Complaint Against Govt Authorities Not Defamation: Madhya Pradesh High Court

The Madhya Pradesh High Court has rejected the petition filed by a retired Air Marshal challenging dismissal of his defamation suit against fellow residents of his housing society, who had filed complaints against him to the Collector.

Justice Subodh Abhyankar sitting at Indore reviewed the documents, including the respondents' complaint and subsequent communications from the Co-operative Inspector and held that merely filing a complaint against a government authority cannot amount to defamation.

“Court is of the considered opinion that the aforesaid complaint filed by the petitioner is totally misconceived and is not tenable, as this Court is also of the considered opinion that merely filing of any complaint against the Government authorities would not tantamount to defamation as prescribed under Section 499/500 of IPC as the same would fall under the Eighth Exception to Section 499 of IPC”

The court cited Eighth Exception to Section 499 IPC, which protects complaints made in good faith to authorized persons, and dismissed the petition.

The residents of the former Air Marshal's society had complained of his alleged misconduct. Petitioner claimed this caused him "extreme anguish" and "tarnished" his reputation.

The respondents had earlier filed complaints with the district authorities and co-operative officials, accusing the Petitioner of improper behavior. No action was taken by the Collector, but an inquiry ensued after the complaint was forwarded to a Co-operative Inspector, leading to a show-cause notice being issued to the petitioner. Therefore, the petitioner filed a private defamation complaint against the respondents under Sections 499 and 500 of the Indian Penal Code.

Case title: Air Marshal Harish Masand Versus The State Of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 213

Case No: MISC. CRIMINAL CASE No. 10239 of 2024

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