ANAND PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Anand Pal and fourteen and others, with a prayer for setting aside summoning order, including, entire criminal proceeding, of Criminal Complaint Case No.162/9/2019, Smt. Kamlesh vs. Anand Pal and others, under Sections 500 and 509 of Indian Penal Code.

(2.) Learned counsel for applicants argued that the complainant had filed a criminal case against two innocent persons regarding offence of outraging of her modesty, wherein, these 15 persons, applicants, herein, have submitted their affidavits, before the Senior Superintendent of Police, mentioning therein correct fact that no such occurrence ever occurred and it was submitted in good faith, but this complaint has been filed for offence of defamation, punishable, under Section 500 of IPC, for the same submission of affidavits, whereas, under Exception 9, attached with Section 499 of IPC, once an affidavit is under good faith for protecting interest of maker of such affidavit or some-one else, then, it will not amount to defamation and in present case, affidavits, filed, were of this category, even then, Trial court, passed impugned summoning order, under misuse of process of law. Hence, for avoiding abuse of process of law, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.

(3.) Learned counsel, appearing on behalf of Opposite party no.2 and Learned AGA, representing State of U.P., have vehemently opposed this Application.