Dismissal Of Suit For Default Doesn't Bar Fresh Partition Suit As Cause Of Action Is Recurring; Second Rejection Of Plaint Application Barred By Res Judicata: Telangana High Court Married Daughter Entitled To Appointment As Fair Price Shop Dealer On Compassionate Grounds; Marital Status No Bar: Allahabad High Court Finding Of Title Cannot Be Recorded In Injunction Simpliciter Suit Absent Specific Pleadings & Issues: Andhra Pradesh High Court Conviction Not A Condition Precedent For Confiscation Of Vehicle Used In Forest Offence: Bombay High Court Advocate’s Professional Call To Client No Proof Of Conspiracy; Sterling Evidence Like CCTV Can Justify Quashing FIR: Gujarat High Court Revenue Entries Changed Without Notifying Affected Parties Are Void; High Court Can Upset Perverse Findings In Second Appeal: Himachal Pradesh HC Mandatory Injunction For Removing Sunshades Or Closing Windows Cannot Be Granted If No Encroachment Is Proved: Karnataka High Court Employer Cannot Resume Work Through Third Parties Until 30-Day Period For Contractor’s Post-Termination Compliance Expires: Madras High Court Circumstantial Chain Fails If Prosecution Doesn't Rule Out Accidental Death: Madhya Pradesh High Court Acquits Two In Murder Case Wife’s Status As Practicing Lawyer Or Professional Qualification No Absolute Bar To Grant Of Interim Maintenance: Orissa High Court Legally Wedded Wife And Second Wife Entitled To Equal Share In Family Pension If Second Wife Was Nominated & Cared For Deceased: Andhra Pradesh High Court Specific Performance Suit Filed At The Fag End Of Limitation Reflects Lack Of Readiness And Willingness: Supreme Court Specific Performance Cannot Be Granted If Plaintiff Fails To Prove Financial Readiness At Relevant Time Of Transaction: Supreme Court MACT |Just Compensation For Deceased Professional Students Must Reflect Future Career Trajectory: Supreme Court Stationary Vehicle Parked At Night Without Warning Signs Poses Evident Hazard; SC Refuses To Reduce Compensation For CA Student’s Death Motor Accident Claims: 100% Loss Of Earning Capacity To Be Considered If Amputation Prevents Manual Worker From Pursuing Sole Avocation: Supreme Court Substantive Amendments Rendering Land Transfers 'Void' Are Prospective; Cannot Invalidate Decades-Old Sale Deeds: Supreme Court Registered Sale Deed Carries Formidable Presumption Of Genuineness; Minor Witness Discrepancies Cannot Invalidate Decades-Old Document: Supreme Court Mere Breach Of Sale Agreement Not Cheating Unless Dishonest Intent Existed From Inception: Telangana High Court Mining Lease Applications For First Schedule Minerals Deemed 'Disposed Of' Once Recommended & Approved Prior To 2015: Supreme Court Prolonged Incarceration Under NDPS Act Militates Against Article 21; Conditional Liberty Must Override Section 37 Embargo: Supreme Court Perpetual Minor Status Of Deity Does Not Exempt It From Limitation Laws; Condonation Requires 'Sufficient Cause': Orissa High Court State Cannot 'Approbate And Reprobate' Bravery: MP High Court Mandates Out-Of-Turn Promotion For Cop Who Rescued Truck From 200-Foot Gorge Drugs Controller Can Regulate Misleading Discount Boards In Medical Shops; Right To Business Not A Shield For Deception: Kerala High Court Courts Cannot Direct Parliament To Adopt Rotational Reservation For Assembly Seats; Section 9(1)(c) Delimitation Act Valid: Allahabad High Court Official To Pay Rs 20,000 Costs From Own Pocket: Andhra Pradesh High Court Holds Municipal Commissioner Liable For Failing To Take Court Orders To 'Logical End' IPC Sections 406 & 420 Cannot Co-exist On Same Set Of Facts; Substantial Compliance Enough For Section 156(3) CrPC Affidavit: Kerala High Court Family Courts Duty-Bound To Declare Marital Status In Mutual Consent Muslim Divorces Even If Wife Admits Divorce: Gujarat High Court Allottee’s Right To Interest For Delayed Possession Under Section 18 RERA Is Absolute; Not Fettered By Section 55 Contract Act: Bombay High Court Sentencing Not A Purely Retributive Exercise Divorced From Factual Matrix: Supreme Court Reduces Jail Term Of Man Who Forged Bail Documents

Supreme Court Quashes Defamation Case After Tejashwi Yadav RJD Leader Unconditionally Withdraws Statements Against Gujarati Community

07 May 2024 8:19 AM

By: Admin


In a significant judgement, the Supreme Court quashed a criminal defamation case against Tejashwi Prasad Yadav, after he unconditionally withdrew his statements that were alleged to be defamatory towards the Gujarati community.

The judgment focused on the legal point concerning the quashing of a criminal defamation case under Section 499, punishable under Section 500 of the IPC. The court examined the context and intent behind the allegedly defamatory statements and the subsequent withdrawal of these statements by the petitioner.

The issue arose from a complaint filed in Ahmedabad by Hareshbhai Pranshankar Mehta, alleging that Yadav's public statements defamed the entire Gujarati community. The statements in question were made by Yadav on March 22, 2023, and reported widely. Yadav, in his defense, submitted two affidavits clarifying his intent and unconditionally withdrawing the contentious statements.

The Supreme Court, led by Justice Abhay S. Oka, meticulously analyzed the affidavits and the context of the statements. Justice Oka noted that while prosecutions for defamation cannot be quashed merely because the offending allegations are withdrawn, the specific circumstances of this case warranted a different approach. Acknowledging Yadav’s clarification and unconditional withdrawal of statements, the Court observed that continuing the prosecution would be unjust and serve no purpose, especially considering Yadav's acknowledgment of the esteem for the Gujarati community and no intention of defamation.

Concluding that this is a fit case for quashing the complaint under the extraordinary constitutional powers vested in the Supreme Court by Article 142, the criminal case titled Hareshbhai Pranshankar Mehta versus Tejaswi Lalu Prasad Yadav was quashed. Consequently, the petition for the transfer of the complaint became moot and was disposed of.

 Date of Decision: February 13, 2024.

"Hareshbhai Pranshankar Mehta versus Tejaswi Lalu Prasad Yadav,"

Latest Legal News