RAGHU THAKUR Vs. GOVT OF NCT

JUDGEMENT

(1.) By this petition the petitioner has assailed an order dated 16th October, 2008, passed by learned ASJ and order dated 21st November, 2007, passed by learned M.M. dismissing the complaint of the petitioner under Section 499/500 of IPC against the respondent on the ground that no sanction under Section 197 Crl. P.C. was there.

(2.) it is submitted by the petitioner that the respondent P.K. Samadhiya was Divisional Railway Manager with North Central Railway and Railways was not State within the provisions of Cr. P.C. and therefore no sanction under Section 197 Cr. P.C. was necessary.

(3.) The defamation proceedings are sought to be initiated against the respondent P.K. Samadhiya because he wrote following letter to the petitioner: Shri Raghu Thakur 27-A, D.D.A. Flats Mata Sundri Road, New Delhi. Sir, Subject: Regarding your complaint no. 10 dated 11.5.2004 at Sagar Station Regarding your complaint it is informed that you wanted to travel in A.C. Coach with General Category ticket without paying the difference of fare which was not possible. Due to this reason conductor on duty did not allow you and requested you to drop from the coach. Rail Administration is sorry for the inconvenience you faced. Sd. Illeg. (P.K. Samadhiya) For Divisional Rail Manager(B) Jabalpur