ROSARIO COLACO Vs. AMELIA MARIQUINHA ZUZARTE

JUDGEMENT

(1.) THIS revision is preferred by the complainant against the order passed by the Additional Sessions Judge in revision whereby he set aside the order of issue process against the respondent/accused.

(2.) THE facts giving rise to the revision are as follows the petitioner/complainant has filed Special Civil Suit No. 85/2006 in the court of the Civil Jude (Sr. Dn.), Mapusa for compensation and damages against the respondent/accused. In the said civil suit, the respondent/ accused in her capacity as power of attorney of defendant made defamatory allegations. The complainant moved an application under Order 6 Rule 16 of C. P. C. for striking out those defamatory statements. The complainant submits that the accused has used per se defamatory words in the said written statement. The complainant has reproduced those defamatory statements in the complaint and submits that these words are per se defamatory and accused was, therefore, liable to be punished.

(3.) THE learned Magistrate recorded the verification statement and issued process under Section 500 of the Indian Penal Code. The accused felt aggrieve by the said order and preferred revision before the Sessions Judge. The learned sessions Judge, mainly on the ground that the dispute between the complainant and the accused was of civil nature and civil suit was pending, held that the institution of such complaint was an abuse of process of the court. He, therefore, allowed the revision and set aside the order. Being aggrieved by that, this revision has been preferred by the complainant.