DILIP RANJAN SINHA Vs. MANOJBHAI BHAISHANKAR CHANDALIYA

JUDGEMENT

(1.) Heard learned counsel Mr.P.V.Nanavati appearing for petitioners and Mr.Ketan Dave, learned counsel for respondent No.1 - original complainant, so also Mr.V.M.Pancholi, learned APP for respondent No.2 - State.

(2.) The petitioners are accused of private complaint filed by the respondent in the Court of JMFC, Palitana for the offence punishable under Section 500 and 34 of IPC being Criminal Case No.1417 / 2000. Learned Magistrate has issued process under Section 204 of Cr.P.C. It is submitted by the petitioners that this Court by exercising the jurisdiction vested under Section 482 of Cr.P.C. should quash complaint and process issued by the Magistrate of concerned trial court. It is say of the petitioners that if the complaint is closely read, no ingredients of Section 500 or Section 34 are satisfied in reference to Section 94 of IPC, where defamation within the meaning of IPC is defined and explained with exceptions. This Court has carefully considered the averments made in the complaint and the cause of writing the alleged defamatory letter. For the sake of brevity and convenience, I would like to reproduce relevant part of the letter which is at Annexure-B pg.16.

(3.) According to the complainant as the Officers of the New Insurance Company had developed an enimical terms with father of the complainant, have concocted the story of his visit to the office of the New India Insurance Company on 17/11/1999 and written defamatory letter just to pressurise the father of the complainant. The language of letter, according to the Counsel for complainant, is defamatory and the accused have tried to paint the complainant as rude, arrogant and discourteous and said letter describes him as a person of improper behavior. It is submitted that accused have tried to see that his status in the Department is adversely affected and his behaviour is manifest to unbecoming Government Servant.