NARANBHAI SADABHAI PARMAR Vs. BAROT NANDLAL KHODIDAS

JUDGEMENT

(1.) The present revision application is directed against the order of the learned Assistant Sessions Judge Mehsana passed below Exh. 7 in Sessions Case No. 68 of 1982. The facts of the case can be briefly summarised as under:

(2.) The Opponent No. 1 filed a complaint against the applicants alleging that they had published a printed leaflet making false imputation against opponent No. 1. The said leaflet contains defamatory statements. The learned JMFC held an inquiry under the provisions of sec. 202 of the Criminal Procedure Code and thereafter decided to issue process for offences punishable Under Sections 500 193 195 r. w. sec. 109 of IP Code against the applicant. As the offence punishable under sec. 195 was exclusively triable by the court of Sessions the learned Magistrate committed the applicants to the court of Sessions to stand their trial.

(3.) At the stage of framing the charge Opponent No. 1 who is a practising Advocate submitted an application Exh. 7 and prayed that he be permitted to advance arguments before the learned Judge for satisfying the learned Judge as to whether there was sufficient material before the Court of Sessions to frame the charge against the applicants. he said application was resisted on behalf of the applicants as well as also on behalf of the State by the learned Public Prosecutor appearing before the learned Sessions Judge. But the learned Sessions Judge by his order dated 16-8-82 granted the said application and the opponent No. 1 was permitted to advance arguments under the provisions of sec 226 of Criminal Procedure Code to satisfy the court whether there was sufficient material to frame the charge.