C.M. ALEEMULLAKHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The summary of the case of the prosecution is that the second respondent, as a complainant, has filed a private complaint under section 200 of Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as ' Cr.P.C .') against the present petitioners arraigning them as accused Nos.1 and 2, in P.C.No.109/2014 in the Court of the learned I-Additional JMFC (II) at Bidar (hereinafter for brevity referred to as 'trial Court') alleging that the accused by publishing a defamatory article in an Urdu newspaper by name "Salar", being published from Hubli of this State, has defamed his reputation and thereby has committed an offence punishable under section 500 of Indian Penal Code, 1860 (hereinafter for brevity referred to as ' IPC ').

(2.) The complainant in the trial Court got himself examined as CW-1 and examined one more witness as PW-2 from his side and got marked documents as Exs.C1, C1(a), C2 and P2(a). The trial Court, by its order dated 28.04.2016, has taken cognizance of the offence punishable under section 500 of IPC and issued process to the accused for the alleged offence. It is the said order, the accused in the trial Court have challenged in this petition seeking quashing of the entire proceeding in the Court below.

(3.) Learned counsel for the petitioners, in his argument, canvassed only on one point that the private complaint filed by the complainant in the Court below under section 200 of Cr.P.C. was not accompanied with an affidavit, as such, in the light of the judgment of the Hon'ble Apex Court in the case of Priyanka Srivastava and another vs. State of Uttar Pradesh and others reported in (2015) 6 SCC 287, the complaint is not maintainable, as such, it deserves to be quashed.