JINABHAI CHHIBHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Respondent No.2 hereinoriginal complainant, has filed complaint before the learned J.M.F.C. Baroda, against his fatherinlaw, motherinlaw, brotherinlaw, sisterinlaw, in all, 9 of his near relatives, for defamation. The complaint was registered as Criminal Case No. 4203/2008. It is the contention of the complainant that the fatherinlaw of the complainant by writing a letter dated 28.12.2005 and showing the contents of the said letter to near relatives has defamed the complainant. It appears that the learned Magistrate, after recording verification, has sent the complaint to the concerned police station for inquiry. In the present application, the applicants have prayed to quash the complaint.

(2.) Heard learned advocate Mr. P.B.Shah for the applicants, learned advocate Mr. Amrish Pandya for respondent No.2 and learned A.P.P. Mr. N.J.Shah for respondent No.1 State.

(3.) Learned advocate Mr.Shah for the applicants submitted that the complainant has filed the complaint after two years of writing of the letter by the fatherinlaw. It was submitted by Mr. Shah that on the ground of delay in filing the complaint itself the complaint should be quashed. It was further submitted that, while only fatherinlaw has written the letter to the complainant, yet the complainant has roped in all 9 near relatives as accused unnecessarily. Mr. Shah also drew attention of the Court to Eighth Exception of Section 499 of the Indian Penal Code.