MUKESH THAKORLAL DESAI Vs. KALYAN BANERJEE

JUDGEMENT

(1.) Petitioner is original accused No. 1. He seeks quashing of the complaint Annexure-A, namely, Criminal Case No. 7136 of 2008 filed by respondent No. 1 on 29.03.2008 pending with the court of learned Judicial Magistrate First Class, Vapi. Petition was argued only on the ground that the complaint was lodged after period of limitation prescribed under the law. Learned Magistrate took cognizance on such complaint and issued process to the accused without considering the question of limitation.

(2.) On 02.12.2004, an article titled as "Vapi Rotary Clubni Antarik Yadavasthadi Ugra Banavana Iydhan: Sthapit Tatvoma Ghabrahat" was published in "Sandesh" newspaper, Surat. Petitioner is author of this article.

(3.) On the premise that the article contained defamatory statements, the said complaint has been lodged.