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As per case facts, the petitioner was acquitted in an FIR lodged by Respondent No. 2. Subsequently, the petitioner filed a complaint alleging defamation against Respondent No. 2 for making
...false allegations in the FIR and for making statements about forgery to friends. The Magistrate summoned Respondent No. 2, but the ASJ set aside this order, stating that the case fell under exceptions to defamation. The petitioner appealed to the High Court challenging the ASJ's order. The question arose whether the ASJ, while exercising revisional jurisdiction, was precluded from considering the exceptions to Section 499 IPC or determining good faith at the summoning stage. Finally, the High Court held that the ASJ was not precluded from considering whether a complete defense under any of the exceptions to Section 499 IPC was made out from the material on record at the pre-trial stage. The Court found no infirmity in the ASJ's order, noting that mere acquittal does not imply mala fide intent, and Respondent No. 2's consistent stance on misrepresentation fell under Exception 8 to Section 499 IPC. The petition was dismissed.
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