Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 18 SW 2023 Desmond Vs Lorraine and anr.
CNR-MHMM18-000584-2023
Below Exh. 1
ORDER BELOW EXH.1
1. Perused record, verification and heard learned advocate for the
complainant. It is alleged that accused persons are close relatives of the
complainant and there are proceedings pending before High Court and other
courts amongst them in respect of properties bequeathed on the complainant.
During those disputes accused persons made imputations in the court
proceedings and in a notice sent.
2. If we go through the complaint the specific pleadings constituting
defamation are totally missing. In a lengthy complaint all the facts pleaded are
pertaining to the relationship amongst the parties and dispute going on between
them. Some facts vaguely pleaded in scattered manner and it is contended that
those constituting defamation. But there is no such pleadings and even if
complaint accepted as it is no prima facie case made out.
3. The reliance has been placed in one of the notice annexed with the
complaint and contended that its contents are defamatory as they are not made
in good faith, which are covered by Section 499(9) of Indian Penal Code. For
want of pleadings in the main complaint this aspect can not be considered.
However, in the alternative even if this aspect is not considered, the contents of
this notice also can not be said to be imputations constituting defamation.
Therefore, no case made out to proceed further. Accordingly, following order -
ORDER
Complaint is dismissed.
MUMBAI (KOMALSING RAJPUT)
DATE – 05.07.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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