UTTAM KUMAR PANDEY Vs. UDAY NARAYAN MISHRA

JUDGEMENT

(1.) This petition is preferred under Section 378(3) of Cr.P.C.,1973 by the petitioner/complainant against the judgment of acquittal dated 8-5-2018 passed by the Judicial Magistrate First Class, Durg, in CIS (Case) No. 1457 of 2004 wherein the said court acquitted the respondent for charge under Section 500 of IPC, 1860.

(2.) In the present case, date of incident is 28-3-2002, 24-2- 2002 and 3-11-2003 which are dates of filling of the applications under various Sections of Cr.P.C i.e., date of reply of the application and date of evidence. One Ashwani Bai filed an application under Section 125 of Cr.P.C., 1973 for grant of maintenance against her husband/respondent. In the said case, on 24-3-2003 evidence of Ashwani Bai was recorded and during that process, respondent's counsel named the petitioner as a person who instigated said Ashwani Bai to file an application under Section 125 of the Cr.P.C. The said allegation harmed the reputation of the petitioner that is why he issued a legal notice and thereafter filed an application under Section 500 of IPC against the respondent, but the trial court dismissed the same.

(3.) Learned counsel for the petitioner would submit as under: