PURSHOTTAM KAKODKAR Vs. DAYANAND B BANDODKAR

JUDGEMENT

(1.) This Revision Application is directed against the order of the Judicial Magistrate, First Class, Panjim, dated 18-3-1972, charging the applicant for an offence under Section 500 of the Indian Penal Code and against the order of the Additional Sessions Judge, Panaji, dismissing the Revision Application filed against the said order of the Judicial Magistrate.

(2.) A charge was framed by the Judicial Magistrate, First Class on a complaint filed by Shri D. Bandodkar that the respondent had made a public statement accusing him of doing smuggling and stating that one of the points where Shri Bandodker was carrying on his smuggling activities was the Betul Port.

(3.) The Judicial Magistrate First Class examined the complainant and Shri M.Y. Gadkari, the editor of Gomantak newspaper. Shri Bandodkar was a formal witness because he was not present when the alleged statement was made by the petitioner. Shri Gadkari stated that he heard the petitioner stating that Shri Bandodkar was a smuggler and that he was carrying on smuggling through the Betul Port. He deposed that the respondent made the said statement at a press conference to which he was present and that he had taken down certain notes at that press conference.