A G POL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners have filed this petition for quashing process issued against them by the Judicial Magistrate (AC) Pune, in Criminal Case No. 1041 of 1985 filed by the second respondent Shri S.S. Gadhoke, a builder and contractor, for offence under section 500 read with section 34 IPC, on the ground that some of the statement in the letter dated 20th May, 1978, addressed by the first petitioner to the second petitioner, are defamatory.

(2.) At the material time, i.e. in May 1978, petitioner No. 1, who is now Chief Engineer of P.W.D., Bombay Zone, was working as Superintending Engineer in Pune National Highway Circle, while petitioner No. 2, who retired from the Government service as Secretary to the Government of Maharashtra in the month of March 1985, was Chief Engineer of P.W. Region, Pune.

(3.) The second respondent is a civil engineer and is a partner of S.S. Gadhoke & Sons, a firm of civil engineers and contractors. He is also a partner of another firm M/s. Ranjeet Construction, Pune, which is also a firm of civil engineers and contractors. Neither the second respondent, nor any of the partners of these two firms, nor the firms themselves are registered as contractors with the P.W.D. of the Government of Maharashtra. However, several construction works, big and small, were admittedly entrusted to the two firms, obviously, because no registered contractors came forward to undertake those works. It is not disputed that the firms, of which second respondent is a partner, are being entrusted with construction, works since 1972, that some of the works are completed, while some are pending.