P K GHOSH Vs. SUKHBIR SHARMA

JUDGEMENT

(1.) By this petition under Section 482, Cr.P.C., the petitioners seeks quashing of the order dated 3.3.1999 passed by the Metropolitan Magistrate, Delhi directing issue of process against them.

(2.) Briefly stated, the facts giving rise to the present petition are that on28.1.1999, the respondent filed a complaint against the petitioners charging them having published the D.O. letter dated 26.6.1998, knowing or having good reasons to believe the same to be false and defamatory of the respondent in order to harm his reputation in the eyes of the public in general and among his acquaintenances in particular. On the complaint being filed, process was issued against the petitioners for the offence punishable under Section 500, IPC. Aggrieved thereby, the petitioners have filed the present petition under Section 482, Cr.P.C.

(3.) It is undisputed that the petitioner No. 1 is the Vice-Chairman of the Delhi Development Authority and the petitioner No. 2 is the Private Secretaiy to the Commissioner (Personnel) D.D.A. The complaint arises out of the D.O. letter dated 26.6.1998 written by the petitioner No. 1 to Shri Bhure Lal, Secretary, Central Vigilance Commissioner, New Delhi. The said letter is as under: