In the case of Transfer Petition (Crl.) no. 846 of 2023, Tejashwi Prasad Yadav (petitioner) filed a transfer petition seeking to move a complaint against him from the Curt in Ahmedabad to a court in Delhi. The respondant, Hareshbhai Pranshankar Mehta had filed a private complaint against Yadav for alleged defamation under sec. 499 of the Indian Penal Code based on statements made by Yadav in a public address reported by the media.
The central issue revolving around this case is the offensive statements made by Yadav, which were perceived as defamatory towards the Gujarati Community, where the respondent contended that Yadav’s remarks had tarnished the reputation of Gujaratis, leading to a negative perception of them in society.
The Supreme Court in its judgment considered the affidavits filed by Yadav, where he unconditionally withdrew the offending statements and clarified that he never intended to defame Gujaratis as a community, and noted that he had expressed great respect for the Gujarati community and explained the context in which the statements were made.
The Court further referred to Article 142 of the Constitution of India which grants the Court with extraordinary powers to pass orders that are necessary for complete justice between the parties. While acknowledging that “not all defamation prosecutions may be quashed on withdrawal of statements”, the Court in its case found it to be appropriate to quash the complaint while further emphasizing upon the peculiar facts of the case where if the prosecution was continued, it would serve no purpose, hence leading to the quashing of the complaint.
CASE NAME:
Tejashwi Prasad Yadav v. Hareshbhai Pranshankar Mehta TRANSFER PETITION (CRL.) NO. 846 OF 2023 2024 INSC 108
NAME: Sreenishanka Vadiraj, 6th sem, BBA-LLB(Hons.)PES University, Bangalore, Intern under Legal Vidhiya.
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