K VENKATARAMAIAH Vs. SRI KATTERAO

JUDGEMENT

(1.) A private complaint No. 21/2005 under Section 200 of Cr. P. C. , was filed for the offence punishable under Sections 500 and 420 read with Section 34 of IPC.

(2.) COMPLAINANT alleges that, he received a letter dated 20-10-2003 duly signed by the accused making derogatory and defamatory statement against him. The complainant alleges that he is not well-versed with the english language and the said letter was given to one Mallikarjuna hanumanthappa to read the same, who read the letter and alleged that the defamatory statement are made against him and alleges that, despite of issuing a legal notice, the accused did not respond. Complainant also alleges that the allegations are defamatory in nature. Based on the said complaint and affidavit filed in support of it, along with other materials, the learned Magistrate directed registration of the complaint and further ordered for issue of summons.

(3.) THE proceedings on the file of the learned Magistrate are called in question by the accused on the ground that, the allegations in the complaint do not make out any offence and also the affidavit produced in support of the complaint by way of sworn statement is inadmissible in law.