G PRABAKARAN Vs. SELVARAJ

JUDGEMENT

(1.) THE petitioners are the Accused Nos.1 and 2 in CC.No.133/2005, on the file the Judicial Magistrate II, Tindivanam and proceeded for the offences under Sections 192, 193, 194, 200, 499 and 500 read with 34 of IPC.

(2.) THE facts of the case are that the private complaint was filed by the respondent under Section 200 of Code of Criminal Procedure against the petitioners for defamation, alleging that the complaint lodged by the 1st petitioner before the Inspector of Police, Marakkanam was enquired by the concerned Police and found to be false and hence, the allegation made therein amounts to defamation. It is seen that a legal notice was issued on 23.1.2004 and a reply notice was issued by the 1st petitioner on 15.2.2004 and thereafter, a rejoinder was sent on 28.2.2004 before lodging of the private complaint.

(3.) THE object of enquiry under Section 202 of Code of Criminal Procedure is to ensure that no person shall be compelled to answer a criminal charge unless the court is satisfied that there is a prima facie case for proceeding with issuance of process against the accused person. THE learned Magistrate has got to find out as to what material there is to support the allegation made in the complaint against the person complained.