KAILASH NARAIN JAUHARI Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision is preferred against the order dated 02.08.2005 passed by learned A.C.M.M.I, Kanpur Nagar in Criminal Complaint Case No.14390 of 2005 (Smt. Pooja Mishra vs. Sri Rajendra Prasad Singh and others).

(2.) BRIEF facts of the case are that opposite party no.2 filed a complaint against the revisionist and three others with the allegations that co-accused no.2 and 3 arrayed in the complaint got a libellous publication engraved in the newspaper 'Dainik Jagran' in Kanpur South as well as in Kanpur Mahanagar edition and contents of both the editions are against the complainant and alleged that she is a pross and running prostitution in the city like Kanpur. After going through the news published in both the newspapers circulated in the whole city so many relatives, friends and neighbours started passing comments against the complainant and thus the life of the complainant became miserable, thrashed the career and ruined her character; that the comments as elaborated above have lowered down the status, dignity and prestige which vivid in her mind every now and then directly caused by the libellous contents published in both the newspapers for which accused no.2 and 3 are directly responsible. The complainant got a legal notice dated 05.03.2005 duly served on accused no.2 and 3, thereafter it was revealed that the accused no.2 of the case got published news items on the basis of F.I.R. dated 2.3.2005 vide Crime No.86 of 2005 by accused no.1 of P.S.Naubasta. The complainant with a view to have the allegations and detailed description of it, moved an application before the court of Ist A.C.M.M. Kanpur Nagar on 27.5.2005 and consequently the court asked the police station to submit report. In the report it was revealed that there is a case which has been registered against the lady complainant in Case Crime No.86 of 2005 u/s. 110 , P.S. Naubasta, Kanpur; that in the legal reply received by the complainant it was revealed that a F.I.R. has been lodged by S.I.Rajendra Prasad of P.S. Naubasta and accused 4 and 5 (revisionists) are real brothers and they both made tool to accused no.1 inducing and insisting him to register the case against the lady complainant to trap in any of the crime by way of illegal gratification, consequently it is mentioned in the news item that the lady applicant is blackmailing one Railway Engineer, who is impliedly accused no.4 of this case. The accused no.4 is the real husband of the complainant married to her on 07.06.2001 in one of the reputed temple of Kanpur Nagar and after a couple of months the accused no.4 and 5 started dealing her with cruelty. When the complainant reached at the conclusion that her life is in danger she left the house of her husband and started living at the given address and on the above allegations it was lastly prayed that the accused be summoned and punished under sections 500/501/502/498-A I.P.C.

(3.) FEELING aggrieved with the aforesaid order, the revisionists preferred this revision.