SHAH JETHALAL LALJI Vs. KHIMJI M. BHUJPURIA

JUDGEMENT

(1.) THE petitioner (original complainant) whose complaint has been dismissed, mainly on the ground of want of jurisdiction and being bad in law for misjoinder of charges and persons, by the learned Presidency Magistrate, 22nd Court, Andheri, who consequently discharged the accused, has come in revision.

(2.) IT appears that the complainant, a merchant of status and repute, was the member of Shri Cutchi Visha Osval Deravasi Jain Mahajan, whereas accused No. 1 was its President. Accused No. 3 was the Honorary Secretary and accused Nos. 2, 4 and 5 were the members. There was also another Mahajan, namely, Shri Cutchi Visha Oswal Sthanakvasi Jain Mahajan. The office bearers of the Mahajans of the two communities referred to above, jointly issued an appeal to the members of the communities on January 11, 1972, that more than 650 persons be not fed at the receptions of the marriage ceremonies. This appeal had no legal sanctity. The complainant celebrated his daughter's marriage on May 28, 1972 at the Wilson High School, V.P. Road, Bombay -4 and arranged a lunch between 10 a.m. and. 1 p.m. in honour of the guests on both the sides. It was the allegation of the complainant that accused Nos. 2, 3, 4 and 5 with a group of 160 unknown persons alleged to be the volunteers of the C.V.O. Mahajan, picketed with black flags with intention to defame the complainant and to lower him in the estimate of the society. This move was made with the malicious intention to harm the complainant's reputation by calling him as 'Samajdrohi'. Not content with these demonstrations, it is the further allegation of the complainant that in the issue of 'Janma -bhoomi' dated May 30, 1972 and C.V.O. News Bulletin of even date, they gave wide publicity to this incident. The reports were caused to be published by accused Nos. 1 to 5. On June 5, 1972, in spite of the notice issued by the complainant to accused Nos. 1 and 2, accused No. 5 as an editor of a monthly magazine 'Gyati Patrika' published certain items of news defamatory to the complainant and his guests. The complainant further alleged that accused No. 1 who was the President of Shri Cutchi Visha Osval Deravasi Jain Mahajan, Bombay, failed and neglected in his duty to prevent such harrassment and mental agony to the complainant caused by the picketers and publishers of the various news items. Therefore, he filed a private complaint on June 28, 1972 in the Court of the learned Presidency Magistrate, 22nd Court, Andheri, Bombay, indicting all the accused for offences punishable under Sections 500, 501 read with Section 34 of the Indian Penal Code.

(3.) MR . Yennemadi who appeared for the complainant, took a strong exception to the procedure adopted by the learned Magistrate in finding out this shortcut of discharging the accused under Section 253(2), Criminal Procedure Code by skipping over the intervening provisions and the essentials of law finding place between Sections 203 and 253 of the Criminal Procedure Code. A survey of these sections, submitted Mr. Yennemadi, would make it clear that it was open to the learned Magistrate in such cases at initial stages before issuing the process, to discharge the accused. Having taken cognizance and issued the process it was incumbent upon the learned Magistrate to record the evidence of the complainant and of such witnesses as he might like to examine, or some of them before resorting to Section 253, Criminal Procedure Code. To appreciate these arguments, a scrutiny of the relevant provisions would be necessary.