SWAMI MAHESHWARANAND Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) Mr. C.K. Sharma, Advocate, present for the applicant.

(2.) Ms. Mamta Joshi, learned Brief Holder, present for the State of Uttarakhand.

(3.) The inherent powers of this Court under Section 482 Cr.P.C. have been invoked. According to the present applicant an item was telecasted on Star T.V. on 18.05.2005, wherein certain defamatory statement were given by the respondent no. 2 against the present applicant. Both the present applicant as well as the respondent no. 2 are running their respective "ashrams" in Haridwar. Against the said defamatory statement, the present applicant/complainant filed a case under Sections 499/500 of I.P.C. before the Judicial Magistrate, Haridwar, in which summons were issued and were challenged by the respondent no. 2 by filing the Criminal Miscellaneous Application No. 1003 of 2006 under Section 482 Cr.P.C before this Court, wherein initially the proceedings were stayed, but thereafter, application under Section 482 Cr.P.C. was dismissed vide order dated 12.08.2010 by the learned Single Judge of this Court and the record was sent to the Judicial Magistrate, Haridwar for further proceeding in the matter. It has also seen from the records thereafter that the learned Judicial Magistrate, Haridwar issued fresh summons to the accused as well as complainant on which various dates were fixed but the complainant failed to turn up. Ultimately on 25.03.2011, an order was passed by the learned Judicial Magistrate, Haridwar under Section 256 Cr.P.C stating that complainant is not present for the last few dates and it seems he is not interested in the matter, hence the case was dismissed under Section 256 Cr.P.C. The said order was challenged in revision by the present applicant before the court below on 21.05.2013, which was highly belated and the revision of the present applicant was also dismissed by the revisional court holding the revision to be highly belated and not sufficient cause been shown by the complainant for the delay in filing the revision. In any case, even on merits the court below did not find any ground for interference and consequently the revision was dismissed. Aggrieved, the applicant filed the present application before this Court under Section 482 Cr.P.C. invoking inherent powers of this Court.