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    Legal Opinion

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    Thangam
    The legal advisor provides a legal opinion on two cases based on reviewing case files and records. In the first case, the legal advisor analyzes a complaint of defamation on WhatsApp and determines the offense falls under section 500 IPC. The advisor informs the investigating officer that the procedure under section 199 Crpc must be followed for such offenses. In the second case, the legal advisor examines a complaint of defamation on WhatsApp and determines the offense falls under section 500 IPC. However, the advisor states the investigating officer cannot take cognizance of the offense as it is barred by law, and advises informing the complainant to file a private complaint.

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    Legal Opinion

    Uploaded by

    Thangam
    35 views4 pages
    The legal advisor provides a legal opinion on two cases based on reviewing case files and records. In the first case, the legal advisor analyzes a complaint of defamation on WhatsApp and determines the offense falls under section 500 IPC. The advisor informs the investigating officer that the procedure under section 199 Crpc must be followed for such offenses. In the second case, the legal advisor examines a complaint of defamation on WhatsApp and determines the offense falls under section 500 IPC. However, the advisor states the investigating officer cannot take cognizance of the offense as it is barred by law, and advises informing the complainant to file a private complaint.

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    The legal advisor provides a legal opinion on two cases based on reviewing case files and records. In the first case, the legal advisor analyzes a complaint of defamation on WhatsApp and determines the offense falls under section 500 IPC. The advisor informs the investigating officer that the procedure under section 199 Crpc must be followed for such offenses. In the second case, the legal advisor examines a complaint of defamation on WhatsApp and determines the offense falls under section 500 IPC. However, the advisor states the investigating officer cannot take cognizance of the offense as it is barred by law, and advises informing the complainant to file a private complaint.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    35 views4 pages

    Legal Opinion

    Uploaded by

    Thangam
    The legal advisor provides a legal opinion on two cases based on reviewing case files and records. In the first case, the legal advisor analyzes a complaint of defamation on WhatsApp and determines the offense falls under section 500 IPC. The advisor informs the investigating officer that the procedure under section 199 Crpc must be followed for such offenses. In the second case, the legal advisor examines a complaint of defamation on WhatsApp and determines the offense falls under section 500 IPC. However, the advisor states the investigating officer cannot take cognizance of the offense as it is barred by law, and advises informing the complainant to file a private complaint.

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    You are on page 1of 4

    C. Jaganathan L.L.M.

    , To,
    Legal Advisor To The Inspector of Police,
    Commissioner of Police, Cyber crime Police,
    Salem City. Salem City.

    Legal Opinion

    Ref: 1. CSR. No. 300/2021 Dt: 31.12.2021 of B1 Town Ps.


    2. Requisition letter.

    I have carefully perused the above said records wherein I forced that the
    defacto complainant K.Ramachandran. B.Sc.,B.L., age 47, Advocate New
    R.R.Complex, DD Rd, Old Sangam Theatre – Near, Salem lodged a complaint
    against the opponent K.Manjunathan S/o Kumarasamy, 7th Ward, Keeripatti
    Post, wherein the complaint alleges that the opponent circulated whatsapp
    messages, clearly reveals that
    ‘,th; fzth; Nryk; tf;fPy; uhkre;jpud; Client vd;gjhy; mthplk; xU njhifia
    ngw;Wf;nfhz;L kidtp ,d;];ngf;flh; fiythzp rl;ltpNuhjkhf re;Njf Fw;wthsp jh;kid
    tpLtpf;f rpghhpR nra;jjhy; Neh;ikahd NghyPrhh; gzp nra;a Kbahky;
    jLkhWfpd;wdh;.”
    The above said statements altracts offence U/S: 500 IPC within the
    explanation U/S: 499 IPC. If any offence altracts U/S: 500 IPC. The Procedure
    U/S:199 Crpc is to be Mandatorily be followed. Section 199 Crpc reads as:
    Prosecution for Defamation “No Court Shall take cognizance of an offence
    punishable under chapter XXI IPC” expert upon a private complaint made by
    some persons aggrieved by the offence.
    Hence the investigating officer, can advice, inform the defacto
    complainant to take steps with regard to Privated Complaint case procedures.

    Legal Advisor,
    Commissioner of Police,
    Salem City.
    C. Jaganathan L.L.M., To,
    Legal Advisor To The Inspector of Police,
    Commissioner of Police, Cyber crime Police,
    Salem City. Salem City.

    Legal Opinion
    Date: 14-2-2022.

    Ref: 1. C.No.114/camp/DCB-south/SLM/20211 dt: 08.02.2022.


    2. C.No.63/INSPR/CCPS/SLMC/2022 dt: 08.02.2022.
    3. CSR NO: 78/2022 files and records.
    4. Requisition Letter.

    I have carefully perused the abovesaid files and CSR


    Records, wherein I found that the defacto complaint namely 1.M.Vignesh age
    27. S/o G.Manivannan, Annamalai Nagar 2nd Cross, Seelanaikanpatty Byepass
    Salem, lodged a complaint against opponents 1. Hema (wife of the Defacto
    Complainant), 2. Nandakumar, 3. Vadivelu, 4. Shanmugam, 5. Indirect person
    holding cell number 9976909091. The complaint clearly reveals that ‘jpUkzk;
    nra;J Vkhw;Wk; Nkhrb kd;dd; - Nryk; khtl;l ngz;fNs c\hh;.”-‘rl;lj;jpd; Xl;ilfis
    jtwhf gad;gLj;jpf;nfhz;L NkYk; gy ngz;fspd; tho;f;if nfLf;fyhk;> ,e;j
    nfh^udplkpUe;J ngz;fNs c\huhf ,Uq;fs;”
    The above said statements made out and commit an offence under section 500
    IPC within the explanation under section 499 IPC.
    If any offence made out U/S: 500 IPC, the procedure under section 199
    Crpc reads as prosecution of Defamation “No Court shall take cognizence of an
    offence punishable under chapter XXI IPC except upon a complaint made by
    some persons aggrieved by the offence.”
    Hence the investigating offices cannot take the above said offence as
    barred by law. The investigating officer can advice and inform the complaint to
    take steps as available for private complaint case.

    Legal Advisor,
    Commissioner of Police,
    Salem City.
    mDg;Gjy;:
    fhty; Jiz fz;fhzpg;ghsh;>
    Nkl;^h; cl;Nfhl;lk;>
    Nryk; khtl;lk;.

    ngWeh;:
    fzk; khtl;l Kjd;ik mkh;T ePjpkd;wk; ePjpgjp mth;fs;>
    khtl;l mkh;T ePjpkd;wk;>
    Nryk; khtl;lk;;.

    ma;ah.>

    nghUs;: ghh;itapy; fz;l tof;fpy; ,Wjp mwpf;if rkh;gpj;jy;


    njhlh;ghf.
    ghh;it: Nkr;Nrhp PS Cr.No:595/2021 u/s 147, 148, 323,
    324, 355 IPC r/w 3(1) (r) 3(1)(s) 3(2) (va)SC &
    ST Act

    *****************

    ghh;itapy; fz;l tof;fpy; tprhuiz Kbj;J tprhuizapd; ,Wjp mwpf;ifia jq;fs;


    ePjpkd;wj;jpy; M[h;gLj;Jfpwnd; vd;gij gzpTld; njhptpj;Jf;nfhs;fpNwd;.

    ,lk;: Nkr;Nrhp.
    ehs;: 14.02.2022
    fhty; Jiz fz;fhzpg;ghsh;>
    Nkl;^h; cl;Nfhl;lk;>
    Nryk; khtl;lk;.

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