RAGHUBIR SARAN AGARWAL Vs. RAM PRASAD MISRA

JUDGEMENT

(1.) A complaint had been lodged by Raghubir Saran Agarwal in the Court of the City. Magistrate, Banaras, against two persons under Section 500, Penal Code on the allegation that certain utterances made toy them were defamatory to him. The City Magistrate convicted Munnisingh but he acquitted the other accused, namely, Sub-Inspector Ram Prasad Misra. Raghubir Saran preferred a revision before the learned Sessions Judge of Banaras against the acquittal of Ram Prasad Misra, but his revision was rejected by the learned Sessions Judge on 6-8-1953 on the ground that while making the order of acquittal the City Magistrate did not commit any illegality and that the order passed by him was not in any way perverse. Raghubir Saran Agarwal has come up in revision to this Court and it has been contended by him that the words imputed to Ram Prasad Misra were really defamatory and that Ram Prasad was not protected under Exception 9 of Section 499, Penal Code as was held by the Magistrate.

(2.) The charge against Ram Prasad Misra was as follows;

(3.) The report submitted by Sub-Inspector Ram Prasad Misra to his superior officer in which the imputation in question was made was intended for official use only and it was made in good faith and for the public good. Consequently both the Courts below were right in coming to the conclusion that it would not constitute an offence punishable under Section 500, Penal Code.