HARISH KUMAR GARG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petition is directed against the order of issuance of process dtd. 15/12/2018 passed in Criminal Complaint C.C. No.2379/SW/2018 filed in the Court of Additional Chief Metropolitan Magistrate, 38th Court at Ballard Pier, Mumbai, for the offences punishable under Sec. 500 of the Indian Penal Code, 1860 (hereafter "IPC", for short).

(2.) Respondent No.2 filed a complaint under Ss. 499 and 500 of IPC, contending that the petitioner got published the following news item in Mumbai Mirror Edition Mumbai dtd. 29/9/2018. The extract quoted in the complaint reads as under:-

(3.) It is contended that the reputation of the complainant has been adversely affected by such averments, as allegations and the words are read by peers in the profession as well as by the public at large through such newspaper. It is stated that respondent no.2/ complainant believes that whatever was stated by the petitioner has jeopardized the complainant's reputation in the profession, and he has been defamed. It is alleged that the petitioner tried to harm the reputation of respondent no.2/complainant by false and incorrect statements without any material or substance with the sole intention of defaming the complainant.