RAM KRISHNA AVASTHI Vs. BHAWANI DUTT UPRETI

JUDGEMENT

(1.) THIS is an appeal by the complainant against the order of Special Judicial Magistrate, Lucknow who acquitted the respondent No. 1 of the charge punishable under Section 500 of the Indian Penal Code.

(2.) THE prosecution story is that Ram krishna Avasthi complainant-appellant was the Deputy News Editor in the Editorial Section of National Herald, a newspaper published from Lucknow. He was married to one Deepa Avasthi. THE younger sister of Smt. Deepa Avasthi happened to be one Mohini who was said to have married respondent No. 1 on 8-2-1977. THE allegations of the complainant were that he alongwith his wife had attended the marriage of Monini Upreti and had also visited the house of the accused at Allahabad on their invitation. He or his wife had no hand in the settlement of marriage of Mohini Upreti with the accused-respondent No. 1 nor did they xver interfere in the personal life of respondent No. 1 and Mohini Upreti. Relations between Mohini Upreti and her husband respondent No. 1 became strained so much so that the accused- respondent No. 1 sent a registered notice (Ex. Ka-1) on 27-9-1977 to the complainant Ram Krishna Avasthi as well as his wife Smt. Deepa Avasthi as well as to his own wife Smt. Mohini Upreti in which defamatory allegations were made. THE aforesaid notice was sent per registered acknowledgment due to all the three but the notice sent to Smt. Deepa Avasthi was returned without delivery. Smt. Mohini Upreti being shocked by the contents of the notice had left the copy (Ex. Ka-1) on a table in her drawing room and the same was read by one Shri K. C. Chandola. This amounted to be publication according to the complainant and, therefore, he moved a complaint under Section 500 of the Indian Penal Code against accused-respondent No. 1. THE Magistrate took the cognizance and after recording evidence found that the charge was not made out inasmuch as there was no publication in law about this alleged defamatory notice and as such he acquitted the respondent No. 1 of the charge punishable under Section 500 of the Indian Penal Code.

(3.) IT is not disputed in this case that this notice (Ex. Ka-1) was sent per registered acknowledgment due by the accused-respondent No. 1 to the complainant Ram Krishna Avasthi as well as Mohini Upreti. The notice sent to Deepa Avasthi was returned as it was not delivered to her.