SANDEEP PAL DESSAI Vs. FELICIANA TOMACINBA

JUDGEMENT

(1.) THIS is an application under section 482 of the Criminal Procedure Code, whereby the petitioner challenges the Order dated 27th December, 1988. passed by the learned Judicial Magistrate, First Class, Quepem, issuing process against him and the respondents Nos. 2 onwards.

(2.) THE said Order was passed by the learned Magistrate, First Class, Quepem, in a criminal complaint, being the Criminal Case No. 15/s/88 filed by the first respondent for offences punishable under section 500 of Indian Penal Code. It was her case that she is running a poultry farm at Xeldem, Quepem, and that her farm has been valued at Rs. 8,22,500. 00. She applied for subsidy to the Block Development Officer, but the said Officer started demanding a sum of Rs. 15,000. 00. She declined to give the said amount of money and asked the said Officer to process her application. As the Block Development Officer was not taking any action, she took up the matter to the higher authorities, and ultimately, an inquiry was instituted at the instance of the Director of Industries against the said Officer. Then, the said Officer released a report to the newspaper Herald alleging that the first respondent had looted the Directorate of Mines and Industries by getting subsidies and loans for her poultry farm. This was published in the issue of 16th January, 1988. As this report caused ham to the reputation of the first respondent, she issued a clarification stating that she was entitled to the subsidy and the Block Development Officer was blocking the said subsidy with a demand of a bribe of Rs. 15,000/ -. Sometime later, the petitioner and the respondents Nos. 2 onwards published a full page advertisement in the same newspaper Herald under the caption Corruption in Quepem BDO the other Side. Some serious allegations were made, according to the first respondent against her, namely that she was indulging in malpractices and that the clarification has been made by her as she had been unable to cheat the Government and !o obtain a false subsidy.

(3.) THE learned Judicial Magistrate, First Class, after recording the statement of the complainant who thereby verified her complaint, issued the impugned Order. He issued process under section 500, I. P. C. read with section 34, against all the accused except the accused Nos 1 and 2, i. e. the Block Development Officer, and the Joint Director of Industries.