BHAGIRATH Vs. VITHAL AND ORS.

JUDGEMENT

(1.) The present application is under section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India. In alternate, it is prayed that the present application be treated as an appeal against acquittal, in view of the provisions of section 378 (4) of the Code of Criminal Procedure.

(2.) Facts, as are necessary for decision of present matter, are as under :-

(3.) Based on the above referred statement made in paragraph 38 of the written statement, criminal complaint case bearing S.T.C. No. 307 of 2011 for prosecuting the respondents for offences punishable under sections 500, 501 read with section 34 of the Indian Penal Code came to be initiated by Suryakant, the real brother of plaintiff Bhagirath, alleging that he being a member of the said society, the defendants have committed an offence by attributing allegations, which, prima facie are defamatory in nature.