ISHMATH BASHA Vs. G GIRIJA

JUDGEMENT

(1.) THE petitioners are accused for an offence punishable under section 500 IPC. The petitioners are Chief Engineer, retired Joint Chief Engineer, Retired Executive Engineer and Executive Engineer respectively of TWAD Board, Northern Region of Vellore.

(2.) THE complainant/respondent was working as a Stenographer in the same Office. It is alleged that in the complaint that she availed medical leave for 94 days and returned for duty on 14. 10. 2004. On 21. 10. 2004, the first accused alleged to have abused the complainant in vulgar language and further the first accused in collusion and conspiracy with accused Nos. 2 to 4, did not allow the complainant to re-join duty and made her to resign from the job. Therefore, for the scolding of the first accused and for the collusion of the other accused, a complaint has been preferred before the learned Magistrate for punishing them for Defamation and for awarding compensation. The learned Magistrate after recording the sworn statement, taken the case on file and issued notice to the petitioners.

(3.) THE learned counsel for the petitioners submits that on a perusal of the complaint it has been stated that such abuse of the first accused alleged to have taken place in the Office and nobody was present nearby. There was no publication of the alleged defamatory imputation and therefore submit that the Offence is not made out. In so far as A2 to A4 are concerned, no specific allegation and overt act has been attributed and therefore seek to quash the proceedings pending against the petitioners.