PREM SINGH CHOUHAN Vs. LAKHAN LAL SHARMA

JUDGEMENT

(1.) The petitioner herein filed a criminal complaint against respondent No. 1 and his Advocate respondent No. 2 for offence under Section 500 read with Section 34 of the IPC for alleged defamatory statement made by respondent No. 1 in his reply filed before the civil Court which was drafted by his Advocate respondent No. 2. Learned trial Magistrate, upon going through the complaint allegations and supported documents, registered offence under Section 500 of the IPC against respondent No. 1 but did not register any offence against his Advocate respondent No. 2 against which petitioner preferred a revision which stood dismissed by the Court of sessions, being aggrieved by which this criminal miscellaneous petition under Section 482 of the Cr.P.C. has been preferred by the present petitioner.

(2.) Mr. Abhijeet Mishra, learned counsel for the petitioner would submit that respondent No. 2 has also acted irresponsibly in drafting the reply application branding the petitioner as a criminal knowing fully well that he is a peaceful citizen and is not a criminal as alleged by him, as such, offence against respondent No. 2 also ought to have been registered by the trail Court which has not been done by the trial Magistrate and illegality has been perpetuated.

(3.) I have heard learned counsel for the petitioner at length.