RANJIT SINGH Vs. STATE

JUDGEMENT

(1.) This revision application arises out of a prosecution for defamation. Ranjit Singh applicant is Sarpanch of the Panchayati Adalat of Bhamanswal. There were two cross-cases pending between Har Singh and Gopal Singh before the Panchayati Adalat. Ranjit Singh Sarpanch was not himself a member of the Bench, which was trying the cases of Har Singh and Gopal Singh. Har Singh applied to the sub-Divisional Magistrate under Section 85, Panchayat Raj Act, for quashing the jurisdiction of the Panchayat with respect to the two cross-cases. The Sub-Divisional Magistrate called for a report from the Sarpanch of the Panchayati Adalat in connection with the application under Section 85 of the Act. Ranjit Singh Sarpanch submitted a report on 30-11-1949. That report contained a number of imputations against two persons, Bachchi Singh and Gusain Singh. Bachchi Singh and Gosain Singh, therefore, filed a complaint against Ranjit Singh Sarpanch for defamation with respect to the matter contained in his report of 30-11-1949. Ranjit Singh accused admitted having submitted the report. He pleaded that he submitted his report in good faith. The plea of good faith was overruled by the learned Magistrate, & it was found that the statements in question were defamatory. The accused was, therefore, convicted under S, 500, I. P. C. and was fined Rs. 500/-. An appeal filed by Ranjit Singh was dismissed by the learned Sessions Judge of Kumaun. Hence, the revision application to this Court.

(2.) The main point urged by Mr. Hira Lal Kapoor for the applicant is that, the prosecution of the accused was barred under Section 197, Cr. P. C. Section 197 (1), Cr. P. C. states:

(3.) In the present case, no sanction was obtained for Ranjit Singh's prosecution for defamation. The question is whether the accused could be prosecuted for defamation without a sanction.