GANGA RAM SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Supplementary affidavit filed on behalf of the Petitioner is taken on record.

(2.) This is a petition under Article 226 of the Constitution of India for quashing the proceeding of Complaint Case No. 4078 of 2008 (Harveer Singh V. Ganga Ram Sharma) as well as the orders dated 24.4.2006 and 25.5.2010 passed respectively by the learned Additional Chief Judicial Magistrate, Court No. 6, Bareilly and the Additional Sessions Judge, Court No. 10, Bareilly mainly on the ground that the Petitioner filed a false complaint under Sections 498/380 IPC against him and one Smt. Rekha Sharma, who is the Petitioner's wife and publicized the filing of the complaint in various news papers and thereby defamed him (the Respondent No. 2) and, thereby, committed the offence punishable under Section 500 read with Section 499 IPC. The learned Additional Chief Judicial Magistrate passed the summoning order, in pursuance whereof the Petitioner appeared and moved an application for discharge. The learned Magistrate rejected the application for discharge and framed the charge under Section 500 IPC against the Petitioner. Thereafter the Petitioner filed criminal revision No. 246 of 2006 Ganga Ram Sharma v. State of U.P. and Anr. in the Court of the learned Sessions Judge, Bareilly which was heard and dismissed by the Additional Sessions Judge, Court No. 10, Bareilly on 25.5.2010.

(3.) The learned Counsel for the Petitioner further submitted that the complaint filed by the Petitioner against the Respondent No. 2, under Sections 498 and 380 IPC was based on the allegations that Respondent No. 2 had kept his wife knowing well that she was a married lady and he did so because the Petitioner's wife was serving under him, therefore, the proceeding launched by the Petitioner by way of filing the aforesaid complaint was protected by VIIIth and IXth exceptions to Section 499 of the Indian Penal Code. It was next submitted that whatever news items had been published, the Petitioner had no concern with that publication and there was no evidence that the news items were published at the instance of the Petitioner. The argument was advanced by submitting that the news items published in the news papers are also protected by IXth exceptions to Section 499 of the Indian Penal Code.