LAWS(KAR)-2008-8-25

DAYANAND RAO RANGADAL Vs. SURESH

Decided On August 14, 2008
DAYANAND RAO RANGADAL Appellant
V/S
SURESH Respondents

JUDGEMENT

(1.) HEARD the learned Counsel Shri Shivasharana Reddy for the petitioner and none appears for the respondents and there is no representation either.

(2.) THE petitioner calls in question the order passed by the lower appellate Court allowing the revision petition filed by the respondents herein and setting aside the order of the Trial Court taking cognizance of the offences punishable under Sections 499 and 500 of the I.P.C. against the respondents.

(3.) THE learned Counsel for the petitioner submitted that the lower Appellate Court had set aside the order of the Trial Court only on two grounds viz., the filing of a complaint or a written statement is not to be taken as a public document and secondly, when the original suit is pending in the Civil Court and the decision as to whether the statement made is defamatory or not is yet to be decided by the Civil Court, it is premature on the part of the petitioner herein to move the Criminal Court. THE aforesaid reasons given by the lower Appellate Court are erroneous and contrary to law is the submission made by the learned Counsel for the petitioner.