NAGESHWAR DWIVEDI Vs. STATE

JUDGEMENT

(1.) This is an application in revision by Nageshwar Dwivedi, an M.L.A. of Jaunpur, against the concurrent orders of the Magistrate and the learned Sessions Judge of Jaunpur dismissing, his complaint on the ground that the complaint could not be filed in the Court of the Magistrate nor could it be tried by that Court but could only be filed and tried in the Court of Sessions and that too through the Public Prosecutor.

(2.) The facts giving rise to this petition may be shortly stated thus. Nageshwar Dwivedi was an M.L.A. from Jaunpur. He wished to contest the election on the Congress ticket again and therefore he appears to have applied to the "High Command" for the necessary ticket to stand as a Congress candidate. Matabadal Singh who is a resident of the area from which Nageshwar Dwivedi had been elected to the Vidhan Sabha wrote an article or a letter in a Hindi weekly, named 'Tandava' which is printed and published by Sadanand Pande as the Publisher and Editor of the 'Tandava'. The writing scribed by Matabadal Singh and published by Sadanand Pande in the Tandava was enough to be defamatory to Nageshwar Dwivedi. Nageshwar Dwivedi, therefore filed a complaint in the Court of a Magistrate, 1st Class, Kerakat, in the district of Jaunpur. At the trial an objection was raised on behalf of either both or at least one of the accused to the effect that the complaint made by Nageshwar Dwivedi could not be tried by the Magistrate in view of the provisions of Section 198(B) of the Code of Criminal Procedure.

(3.) It was contended that an M.L.A. was a public servant. It was further contended that if there was a defamation then that defamation was in respect to the complainant's conduct in the discharge of his public functions.