India: Rajesh Rangarajan contra Crop Care Federation of India, demanda penal. No. 1305 de 2010 (20.7.2010) (demanda SLAPP anulada)

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Trajes SLAPP Calumnia/injuria/difamación

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EN LA CORTE SUPREMA DE LA INDIA
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1305 OF 2010
(Arising out of SLP(Crl.)No.3700 of 2008)

RAJESH RANGARAJAN                                          … APPELLANT(S)

VERSUS

M/S.CROP CARE FED. OF INDIA & ANR.                         … RESPONDENT(S)

ORDEN

Heard learned counsel for the parties.

Leave granted

This appeal is directed against the judgment and order dated 13.12.2007 passed by the High Court of Judicature of Andhra Pradesh   in    Criminal      Petition   No.,4155    of    2006.    Mr.Raj   Panjwani,
learned senior counsel appearing for the appellant has drawn our attention to Annexure P-1, which is the Report of the Fact Finding Committee which deals with Farmers Death Due to Exposure to Pesticides in Warangal District of Andhra Pradesh.

We have carefully perused the Report.  The relevant page of the report,which is at Page 40 of the paper book, clearly indicate that the Fact Finding Committee was not aimed at doing health study or in-depth scientific investigation, but to do an indicative study which would lead to a larger health study. The general tenor of the report indicates that the report meant to focus the harmful effects of exposure to pesticides. It is quite evident
from the report that it was not meant to harm, hurt or defame any individual     or    the     manufacturing      company.   Mr.Panjwani, learned senior counsel appearing for the appellant also fairly submitted that the report was not intended to harm or defame any individual or manufacturers     of   pesticides.   In   our   considered   opinion,   the complaint filed under Sections 120(B), 34, 500, 501 & 502 of the Indian Penal Code lack basic ingredients.    According to our view, no useful purpose would be served in permitting the trial Court to proceed with the complaint which lacks the basic ingredients of aforementioned Sections.     Consequently, we quash the complaint.

Since the complaint itself has been quashed, therefore, the appeal is allowed and the impugned judgment is set aside.

……………….J.
(DALVEER BHANDARI)

……………….J.
(DEEPAK VERMA)

NEW DELHI;
20TH JULY, 2010