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In the present case, allegations are by way of written words before the police and before the judicial authorities, thus, such imputation will amount to defamation when the case does not fall within either of the ten exceptions to Section 499.
“Every dispute, quarrel or altercation arising from the matrimonial life are not criminal offence. It will take colour of Criminal law only when there are no alternatives for the wife but to put an end to her life, because of the harassment.”
It is not every delay which by itself vitiates the detention order, but unexplained and unreasonable delay certainly can be looked into for considering the sustainability of the detention order.
Respondent 1 filed “Affidavit of Consent” for quashing the proceedings and stated in her Affidavit that at the time of filing of the FIR, she did not know that the petitioner was suffering from mental disease and ailment (FTLD).
Some clear and definite guidelines are required to be issued to the Courts of Magistrates and to the investigating agencies to follow the procedure of giving a remand report sufficiently in advance to the arrested accused before his first remand application is considered by the appropriate Court.