LAWS(UTN)-2017-6-129

DHARMU Vs. VINOD PAL

Decided On June 28, 2017
DHARMU Appellant
V/S
Vinod Pal Respondents

JUDGEMENT

(1.) By means of present application under Section 482 Cr.P.C., the applicant seeks to set aside and quash the impugned order dated 22.03.2011, passed by Judicial Magistrate, Roorkee in criminal compliant case no. 3426 / 2010 (new no. 1479 / 2011), Vinod Pal vs Dharmu, under Section 500 IPC, P.S. Kotwali Roorkee, District Haridwar, as also order dated 15.11.2011, passed by Sessions Judge, Haridwar in criminal revision no. 183 / 2011, Dharmu vs State. A further prayer has been made to quash the entire proceedings of aforementioned criminal compliant case.

(2.) Learned counsel for the petitioner submitted that merely making an application to police by itself is not defamation of the person against whom complaint is made. Attention of this Court is drawn to the 'Eighth Exception' of Section 499 IPC in this regard.

(3.) At the time of admission of present C-482 petition, a co-ordinate bench of this Court, passed an interim order, vide order dated 13.12.2011, and stayed further proceedings of the criminal complaint case initiated against the applicant under Section 500 IPC, pending in the court of A.C.J.M., Roorkee, till the next date of listing.