VENKATESHversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
             MATTERS UNDER ARTICLE 227 No. - 3248 of 2025

Venkatesh
                                                          .....Petitioner(s)
                                  Versus

State of U.P. and Another
                                                        .....Respondent(s)

Counsel for Petitioner(s)      : Ramesh Kumar Pandey
Counsel for Respondent(s)      : G.A., Gajendra Singh Arya, Shikhar
                                 Tandon

Court No. - 89
                    HON'BLE ANIL KUMAR-X, J.

1. Shri Ramesh Kumar Pandey, learned counsel for the petitioner, Shri
Shikhar Tandon, learned counsel for the private respondent and Shri D.K.
Rai, learned A.G.A. for the State are present.

2. This petition under Article 227 of the Constitution of India has been
filed with a prayer to set aside the summoning order dated 01/09/2023
passed by Additional Chief Judicial Magistrate, Court No.-3 Ghaziabad in
Complaint Case No. 1123 of 2023 (Rahul Garg Vs. Venkatesh) as well as
order dated 21/08/2024 passed by Additional District and Session Judge,
Court No.-4, Ghaziabad in Criminal Revision No. 746 of 2023
(Venkatesh Vs. State of U.P. and another).

3. Learned counsel for the petitioner submitted that the petitioner and
respondent no.2 are members of Ajnara Integrity Society, District
Ghaziabad. It was submitted that Complaint Case No.1123 of 2023
(Rahul Garg vs. Venkatesh) was filed by respondent against the petitioner
alleging that the petitioner has frequently circulating message on social
media by making false allegations against the respondent. Learned
counsel submitted that allegations mentioned in the complaint itself are
not sufficient to constitute an offence of defaming. However, the trial
court relying upon the bald allegations of circulating message against the
respondent, summoned the petitioner to face trial for offence under
Section 500 IPC vide order dated 1.9.2023. Aggrieved by the order dated
1.9.2023, the petitioner preferred Criminal Revision No.746 of 2023
(Venkatesh vs. State of U.P. & Anr.) which was dismissed on 21.8.2024.
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4. Learned counsel submitted that none of the courts has considered
whether the allegations in the complaint, even if accepted to be true, will
constitute the offence of defaming or not. It was lastly submitted that both
orders are patently illegal and are liable to be set aside.

5. Per contra, the learned counsel for the private respondent submitted
that the respondent was elected as President of Ajnara Integrity Society
and was faithfully conducting his duties. However, the petitioner, who
was the Secretary of the said Society, with an intention for political
motives, started circulating false allegation against him on WhatsApp
group. Even the respondent was compelled to resign from his post as
President after he was disturbed by the activities of the petitioner. He
further submitted that the false claim was made by the petitioner in an
email by alleging that respondent had misappropriated an amount of
Rs.35 Lakhs pertaining to the Society. It was submitted that the conduct
of the petitioner has resulted in loss of reputation of the respondent and
his conduct, prima facie, amounts to an offence of defamation.

5. Heard learned counsel for the parties and perused the orders passed by
both courts.

6. In order to examine the issue, it is necessary to understand the scope of
defamation under Section 499 IPC. For an offence of defamation, there
must be a clear imputation made by words, spoken or written, with
intention or knowledge that it will harm the reputation of a person.
Explanation 4 to Section 499 IPC makes it clear that an imputation
amounts to defamation only when it lowers the moral or intellectual
character of a person, or lowers his reputation in respect of his profession,
or affects his credit in the eyes of others. Thus, unless the statement
actually lowers the person’s reputation in the eyes of society, no offence
is made out.

7. In the present case, even if the allegations in the complaint are accepted
as true, they only show that the petitioner circulated certain messages on a
WhatsApp group and sent an email making allegations regarding the
functioning of the Society and financial irregularities. However, the
complaint does not mention the exact words used or explain how those
statements lowered the reputation of the complainant in the eyes of others.
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                                    A general statement that the complainant suffered loss of reputation or
                                    resigned from his post is not enough. Therefore, the allegations, even if
                                    taken at their face value, do not satisfy the essential ingredients of
                                    defamation under Section 499 IPC and no prima facie case under Section
                                    500 IPC is made out.

                                    8. Accordingly, this petition is allowed. The impugned order dated dated
                                    01/09/2023 passed by Additional Chief Judicial Magistrate, Court No.-3
                                    Ghaziabad in Complaint Case No. 1123 of 2023 (Rahul Garg Vs.
                                    Venkatesh) as well as order dated 21/08/2024 passed by Additional
                                    District and Session Judge, Court No.-4, Ghaziabad in Criminal Revision
                                    No. 746 of 2023 (Venkatesh Vs. State of U.P. and another) are hereby set
                                    aside.



                                                                                          (Anil Kumar-X,J.)
                                    May 6, 2026
                                    SK




Digitally signed by :-
SUSHEEL KUMAR
High Court of Judicature at Allahabad