MUNITHAYAMMA AND Vs. MUDDOBALAPPA

JUDGEMENT

(1.) This is a Revision Petition filed by the Petitioners--Accused 1 and 2 praying that the charge framed against them under Section 500 I. P. C., in C. C. No. 2555 of 1953 on the file of the First Magistrate, Bangalore, may be quashed.

(2.) The petitioners are the accused and the respondent is the complainant in C. C. 2555 of 1953 on the file of the First Magistrate, Bangalore. The accused stand charged for an offence under Section 500-I. P. C. The case of the complainant is that in a suit filed by petitioner 1 in O. S. 348 of 1953 on the file of the Munsiff, Chickballapur against her brothers and others, she has made and published certain imputations concerning the respondent-complainant, that the said allegations are false and malicious and per se defamatory, that petitioner 2 is the Advocate who appeared for petitioner 1 and drafted the plaint for her, that there is ill will between the accused and the respondent, that the said imputations were made maliciously just to harass the respondent-complainant, that the respondent-complainant is a respectable person and that the petitioners are liable to be punished for an offence under Section 500, Penal Code.

(3.) From a perusal of the evidence adduced in the case, the learned Magistrate found that a prima facie case was made out against the petitioners and he accordingly framed a charge under Section 500, Penal Code. It is against that order this revision petition has been preferred.