Criminal Defamation application under section 500 of Indian Penal Code format is given below.
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE________
CASE NO. _________
ABC, S/O ________, R/O _________ ….. COMPLAINANT
XYZ, S/O _________, R/O ___________ … ACCUSED PERSON
CHARGE UNDER SECTION 500 OF
THE INDIAN PENAL CODE,
MAY IT PLEASE YOUR HONOUR:
The humble petition of complaint of the Complainant/Petitioner mentioned above.
- The Petitioner is a bona fide “overseas citizen of India” (OCI) having a permanent residence at __________________________________________.
- After graduating from the ________ College in __________ the petitioner migrated to the ________ in ______ and settled there as an internationally recognized researcher who has given numerous scientific presentations on ________ in national and international conventions including India.
- The Petitioner is also well known in India through his humanitarian work on public health. In fact, the Petitioner is the founder-president of ________, a registered society dedicated to humanitarian work for promotion of better healthcare and prevention of medical negligence in India. Numerous people from all parts of India have come to the ________ society seeking justice against medical negligence. The society has also brought major changes in the functioning of the medical councils in India through public interest litigation (PIL) in the Supreme Court and the Hon’ble High Courts.
- That the Petitioner’s wife and a child psychologist, _________, since deceased, had passed away during a social visit to India in ____ due to gross medical negligence by several doctors practicing in the city of _______. The Petitioner filed criminal as well as civil cases against the said doctors and hospital in ______ in ____ and ___, respectively. The trial court (Chief Judicial Magistrate) at ______ held inter alia, vide its judgment dated ________ two senior doctors guilty for criminal negligence on May 29, 2001, convicted them under Section 304A of the Indian Penal Code and sentenced them each for ________ imprisonment and also fine of Rs. ______ but one of the accused, ______________was acquitted.
- That the said two convicted accused doctors being aggrieved by the said order of conviction and sentence preferred two separate appeals before the Learned Sessions Judge, ______. On the other side, the complainant preferred appeal against acquittal against the said order in respect of order of acquittal of the said other accused doctor in the Hon’ble High at ________ being C.RA No. _________. The Hon’ble Court also got the said two appeals transferred to the Hon’ble Court to be heard along with the appeal No. _______ of ______ being renumbered as C.R.A. No. __________ and _________.
- The said appeals were heard at length by the Hon’ble Justice XYZ. Finally vide Order dated. ________ the Hon’ble Court allowed the said two appeals against conviction and dismissed the appeal against acquittal.
- That it is submitted by the petitioner that the Hon’ble Justice XYZ vide the said Order not only acquitted the two accused doctors from all charges of medical negligence but also made scathing and overtly defamatory observations against the petitioner.
- The petitioner states that the said trial got regular high publicity in various media and daily news papers regularly warmly catching the attention and interest of public at large.
- The said Judgment passed by the Hon’ble Court was published apart from media, in various law journals. The national print and electronic media including the media in ________ highly publicized the High Court judgment in all major newspapers and TV channels. In fact, _____________, the leading daily in __________, had reported the news by directly referring that the High Court had found that the Petitioner was actually responsible for the wrongful death of his wife, _______. The news report had further asserted that according to the High Court judgment, __________ death might have resulted from a homicidal or suicidal act, seemingly at the behest of the Petitioner and that the Petitioner might have brought the lawsuits against the _______ doctors/hospital with a sinister motive to make financial gain by bringing in the American medical insurance system to India. These highly abhorrent and defamatory comments were made in the judgment by the single-bench Judge of the ______ High Court (Respondent no. 1) which was reproduced in the ________ newspaper (Respondent no. 2) and other local and national media. A copy of the said news report published in the _______ issue of the __________ is attached herewith and marked as Annexure- P1.
- That it is needless to say that the wide-spread circulation of news reports on the High Court’s observation that the Petitioner was responsible for the death of his wife and that he was conducting litigations against the _______ doctors/hospital with a sinister motive brought endless pain and anguish for the Petitioner. The Petitioner was greatly harmed as his reputation was badly damaged before the society at large.
- That the petitioner cherished serious grievance moved Criminal Appeal Nos. ______ of _____ before the Hon’ble Supreme Court against the High Court judgment. The Petitioner also filed Civil Appeal No. _____ of ____ in the Apex Court against the National Consumers Forum (NCDRC) that also dismissed the complaint of medical negligence.
- The Apex Court passed a final judgment on ________ disposing both the criminal and civil appeals together in which the Supreme Court has categorically held the four Accused doctors (including the doctors accused in the criminal case) and ______ hospital guilty for medical negligence and responsible for the death of Anuradha. The said Judgment has been reported in _____________.
- That although the Apex Court acquitted the accused doctors from charges of criminal negligence solely on the ground of “cumulative negligence”, the Supreme Court severely criticized the observations made by the ________ High Court judge. In fact, the Supreme Court has made numerous categorical observations of the said judgment _________ with scathing comments against the specific aspersions raised against the Petitioner by the Accused XYZ at ________.
- For example, the Apex Court has unequivocally stated that the observations made by the ________ High Court judge (Respondent no.1) that wife’s death could have been a homicide/suicide or that the Petitioner actually caused her death are “not borne out from the records” and are “highly undesirable” or that the allegation made against the Petitioner that he has forged a transfer certificate is “absolutely erroneous”. The Apex Court has further condemned and expressed “great dissatisfaction” to the assertion made by the High Court judge that the Petitioner might have brought the lawsuits with an intention to bring ________ medical insurance system to India. In fact, the Apex Court has summarized the overall observations made by the High Court judge (Respondent no. 1) in this manner.
“In a case of this nature, Petitioner would have expected sympathy and not a spate of irresponsible accusations from the High Court”
Supreme Court’s unequivocal and scathing criticism of the High Court’s observations (Respondent no. 1) as discussed above leaves no doubt that highly caustic and defamatory comments made by the __________ High Court judge (Respondent no. 1) were clearly wrong and made deliberately without any evidence whatsoever.
- That in view of the discussion about, there can be no doubt that the deliberate aspersions that have been cast upon the Petitioner by the Respondent no. 1 through its judgment dated _________ cannot be said to have been done in “good faith”. Needless to say that what has been viewed by the Apex Court as an “irresponsible accusations” and assertions that does not “borne out from the records” cannot be deemed to have been done in “good faith”. Therefore, the Respondent no. 1 cannot claim any immunity under IPC Section 77. As discussed above and also evident from the news report in Annexure- P1, there is no argument that the Petitioner has lost reputation and has been greatly defamed by the said judgment passed by the Respondent no. 1 on ______________.
- That on the backdrop of what has been canvassed in the foregoing paragraphs it is quite palpable and glaring that the accused named above has committed an offence publishable under Section 500 of the said Code.
- That this Learned Court has ample jurisdiction to entertain this complaint and proceed against the accused as the cause of action arose inter alia in the High Court premises situated within the jurisdiction of Hare Street Police Station.
- That petition is made bona fide and in the interest of justice.
It is therefore most humbly prayed that this Learned Court may graciously be pleased to take cognizance of the offence alleged and issue process against the accused under Section 500 of the I.P.Code and in the event of appearance of the accused try, convict and sentence the accused as per law and justice and further be pleased to pass further orders of adequate compensation under Section 357 and of Costs of the litigation under Section 359 of the Code of Criminal Procedure against the accused and in favour of the petitioner company and further be pleased to pass such other order or orders that Your Honour may think fit and proper in the interest of justice.
And for this act of kindness your petitioner, as in duty bound, shall ever pray.