B P BHASKAR Vs. B P SHIVA

JUDGEMENT

(1.) The petitioner was the accused C.C. No. 13659 of 1989 on the file of the XVIII Metropolitan Magistrate, Saidapet, Madras, which was one instituted by the respondent - complainant for refraction or violation of the provisions of Section 499, punishable under Section 500, IPC.

(2.) The sum and substance of the allegations in the complaint was that in the process of exchange of legal notices between them, the accused was stated to have incorporated certain scurrilous imputations against the complainant in the notice issued by him. The notice so issued by the accused, it is said, had also been circulated to the friends and relations of the complainant. Consequently, it is said, the good name and fame enjoyed by the complainant was brought down and he was despised and neglected in many social functions by his close relatives and friends circle.

(3.) After receipt of process, the accused entered appearance through a Counsel of his choice and before ever the trial commenced, he came forward with the present action, invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, (for short 'the Code'), to quash the criminal proceedings initiated against him.