PRAVINCHAND JAGJIVANDAS GANDHI Vs. IBRAHIM MOHAMMAD MERCHANT

JUDGEMENT

(1.) Both these petitions are being disposed of by the following common order, as they involve common questions of facts and law.

(2.) Brief facts relevant for the purpose of the present petitions are : The petitioner in Criminal Writ Petition No. 483 of 1986 filed F.I.R. against the respondent in April, 1980 for the alleged offences under Ss. 451 and 506, I.P.C. The first respondent came to know that some report of a criminal offence had been lodged against him. He therefore filed an application for grant of anticipatory bail before the High Court in the last week of April 1980. Thereafter on 2-4-1980 the respondent was arrested and released on bail. On 4th August, 1980 the first respondent was served with a copy of the charge-sheet in Criminal Case No. 978/P/1980. On 28th April, 1983 the first respondent was acquitted honourably and in fact the trial Court found that the petitioner had given a false report to the Police and issued him a notice to show cause why he should not be asked to pay compensation to the first respondent.

(3.) On 6-7-1983 the first respondent filed a complaint case for the offence of defamation under S. 500, I.P.C. and that was registered as criminal complaint case No. 61/S of 1983. The process was issued in the last week of July 1983 against the petitioner. In August 1984 the petitioner applied to the trial Court requesting the Court to drop the prosecution as the prosecution was intended to be in respect of defamation allegedly caused to the first respondent by virtue of something stated by the petitioner in his deposition before the trial Court in earlier criminal case. The prosecution had contended that the said prosecution would be an offence under S.211 or 193 of I.P.C. and hence cognizance of such an offence should not be taken by the Court except upon a complaint in writing by the Court before which the alleged defamatory deposition was given. This bar is created by S.195 of the Code of Criminal Procedure.