Dismissing a defamation case by a lawyer against the Additional Station House Officer (SHO) for giving an adverse report against him, a Delhi court said, “It is not defamation if a true incident or report is produced before Court of Law.”Civil Judge Pankaj Sharma rejected the claim of MS Yadav, a lawyer, stating the Additional SHO gave the report while discharging duty.”It is not defamation if a true incident/report is produced before Court of Law. The letter dated 01.05.1998 was in fact issued/published by the society, and defendant no. 1 merely produced it before the court upon directions to file a report regarding a complaint of the plaintiff. The said letter appeared to be filed in good faith and in the discharge of the official duty by defendant…,” the judge said.The case dates back to 1998 when a civil defamation suit was filed by Yadav, a resident of Manocha Housing Society in VikasPuri, against the then Additional SHO, Om Parkash, and AK Chopra, the then secretary of the society, on charges that the duo had lowered his reputation amongst all.The court, while dismissing the claim of Rs 2 lakh as compensation, stated that the officer gave the report in the discharge of his duties.”Despite having an understanding of the law, plaintiff gave a complaint to Addl SHO and did not bother to get it registered as per the procedure. Addl SHO was not duty-bound to act upon an oral complaint by the plaintiff as incharge of the PS is SHO who marks the complaints to his subordinates after it is received in due course as per procedure. Addl SHO/defendant No. 1 is not expected to assume the power of SHO,” the court said.According to the plea, Yadav was asked for Rs 15,000 in 1996 as entry fee when he had shifted in the residential complex. But he refused to pay the amount deeming it to be illegal. On March 21, 1998, BL Madan, president of the society, allegedly threatened to disconnect water supply to the plaintiff and called some outsiders of whom one Mukesh Kumar assaulted the plaintiff.20-YR-OLD MATTER The case dates back to 1998 when a civil defamation suit was filed by MS Yadav, a resident of Manocha Housing Society in VikasPuri, against then Additional SHO Om Parkash.
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