VIJAY JAWAHARLAL DARDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants/ petitioners have moved this Court for quashing and setting aside judgment dated 22 nd October, 2008 passed by Additional Sessions Judge, Yavatmal in Criminal Revision No.35 of 2008 and further to quash and set aside order passed by learned Judicial Magistrate First Class, Court No.6, Yavatmal in Criminal Complaint No.2423 of 2006 on 18 th August, and 28 th August, 2007.

(2.) Respondent No.2 Arun Vinayak Wanzal is original complainant in Criminal Complaint No.2423 of 2006 filed by him originally against respondent No.3 Ashok Thakare for the offence punishable under Section 500 of the Indian Penal Code. The original complaint was filed on 8 th June, 2006 alleging, inter alia, that respondent No.3 had been responsible for publication of defamatory news against respondent No.1. The statement of respondent No.2 on oath was recorded by the Magistrate on 4 th August, 2006 and summons was issued against respondent No.2 on 7 th September 2006.

(3.) Impugned order dated 18 th August, 2007 came to be passed by the Magistrate on the application made by respondent No.3 for amendment of his complaint. Respondent No.3 on 13 th August, 2007 had applied for amendment of the complaint and he had proposed to carryout extensive amendment in paragraph 9 of his complaint. The names of the petitioners have been added as accused in paragraph 9 and their roles in the alleged offence have been described in the said para. The learned Magistrate by his cryptic order, which runs as under, has granted the application :